Texas Department of Public Safety v. James Norris Kimbrough

DPS v. Kimbrough

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-02-280-CV

TEXAS DEPARTMENT OF PUBLIC SAFETY APPELLANT

V

JAMES NORRIS KIMBROUGH APPELLEE

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FROM COUNTY COURT AT LAW NO. 2 OF TARRANT COUNTY

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OPINION

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The Texas Department of Public Safety (DPS) appeals the trial court’s judgment affirming the decision of an administrative law judge (ALJ) that the evidence was insufficient to authorize suspension of James Norris Kimbrough’s driver’s license. Because we conclude that DPS’s substantial rights were prejudiced by the ALJ’s erroneous decision to exclude…