Legal Opinion

City of Athens, Texas v. James MacAvoy

Texas Court of Appeals, 12th District (Tyler)

Decided June 30, 2011No. 12-10-00259-CVPublished

1Opinion of the Court

NO. 12-10-00259-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

CITY OF ATHENS, TEXAS, § APPEAL FROM THE 392ND

APPELLANT

V. § JUDICIAL DISTRICT COURT

JAMES MACAVOY,

APPELLEE § HENDERSON COUNTY, TEXAS

OPINION

The City of Athens appeals from the trial court’s order granting James MacAvoy’s motion for summary judgment, which had the effect of reinstating him as a police officer with the City. In two issues, the City argues that a hearing examiner exceeded his jurisdiction by reinstating the officer on the basis of a procedural defect in the disciplinary process. We reverse and…

2Cases cited16 opinions

  1. Valence Operating Co. v. DorsettTexas Supreme Court · 2005
  2. City of Rockwall v. HughesTexas Supreme Court · 2008
  3. Entergy Gulf States, Inc. v. SummersTexas Supreme Court · 2009
  4. Albertson's, Inc. v. SinclairTexas Supreme Court · 1999
  5. Fort Worth Osteopathic Hospital, Inc. v. ReeseTexas Supreme Court · 2004

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