Legal Opinion · Dissent

CITY OF HOUSTON FIRE FIGHTERS' v. Morris

Texas Court of Appeals, 14th District (Houston)

Decided August 21, 1997No. 14-95-00933-CVPublished

1DissentAmide I, Justice

I respectfully dissent.

The purpose of controlling rule Tex. Loc. Govt.Code Ann. § 143.015(a) (Vernon 1988) is to give 10 days notice to the policeman in order that he will have time to prepare an appeal if he so desires. The majority opinion would give Morris only two days to appeal as time would have expired on September 12, 1993, two days after he received the Decision. This would be unfair, unreasonable and absurd. This is not what is intended by the statute. It would violate Morris’ right to due process under the 14th Amendment. *480Mullane v. Central Hanover Bank & Trust, 339 U.S. 306, 70…

2Cases cited18 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Fire Department v. City of Fort WorthTexas Supreme Court · 1949
  3. Lawyers Lloyds v. WebbTexas Supreme Court · 1941
  4. Hamilton v. Empire Gas & Fuel Co.Texas Supreme Court · 1937
  5. R. A. Peacock, M. L. Coffer, and H. J. Wilson v. Lubbock Compress CompanyCourt of Appeals for the Fifth Circuit · 1958

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