City of Harlingen v. Alvarez

OPINION

Opinion by

Justice HINOJOSA.

Appellant, the City of Harlingen (“the City”), appeals from (1) the trial court’s order denying its plea to the jurisdiction and (2) judgment denying its motion for summary judgment and granting the motion for summary judgment of appellee, Eddie Alvarez. We reverse the trial court’s judgment, render in part, and remand in part.

A. Factual Background

On March 6, 2001, J.L. Garcia was “indefinitely suspended” from his position of fire captain/assistant fire marshal with the City of Harlingen Fire Department for insubordination, being absent without leave, and…