City of Austin v. Ronnie Esparza

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-10-00472-CV

City of Austin, Appellant

v.

Ronnie Esparza, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 353RD JUDICIAL DISTRICT

NO. D-1-GN-05-000132, HONORABLE ORLINDA NARANJO, JUDGE PRESIDING

C O N C U R R I N G A N D D I S S E N T I N G O P I N I O N

Because I agree with the majority's resolution of the first issue on appeal, I join that portion of the opinion. However, for the reasons detailed below, I respectfully dissent from the remainder of the opinion by the majority.

As described by the majority, in its second issue, the City…