Department of Public Safety v. Austin

DENTON, Chief Justice.

This is an appeal from a judgment of the County Court at Law of Lubbock County, Texas, which set aside the Department of Public Safety’s order of suspension of ap-pellee’s operator’s license. The trial court, without the intervention of a jury, held there was insufficient evidence to support the Department’s order suspending Austin’s operator’s license. The Department of Public Safety perfected this appeal from that judgment. The Department brings forward two points of error. No brief has been filed by the appellee.

The record indicates appellee, Virgil Cline Austin, was…