City of Dallas v. Watkins

MALONEY, Justice.

This is an appeal from a summary judgment restoring to a disabled fireman his total disability pension which, in an administrative decision, had been reduced to a partial disability pension. The Pension Board contends that summary judgment was improper since a genuine issue of fact existed as to appellee Watkins’ degree of disability, and that the award of attorney’s fees against the Board was error because it is exempt from such awards as a matter of law. We affirm the summary judgment for Watkins as to the restoration of his pension, but reverse the award of attorney’s fees…