Nuernberg v. Texas Employment Commission

Alfred Nuernberg appealed a decision of the Texas Employment Commission (TEC) denying him unemployment compensation. In the trial court, the TEC moved for summary judgment. With its motion, the TEC filed neither affidavits nor discovery materials but only the agency record. Relying solely on that record, the trial court granted the TEC’s motion. The court of appeals affirmed. 846 S.W.2d 41.

The court of appeals’ judgment conflicts with our decision in Mercer v. Ross, 701 S.W.2d 830, 831 (Tex.1986). The hybrid, de novo — substantial evidence standard of review for appeals from the TEC, outlined…