Legal Opinion · Dissent

Garza v. Texas Alcoholic Beverage Commission

Texas Supreme Court

Decided July 3, 2002No. 00-1069Published

1DissentJustice Baker

filed a dissenting opinion.

I agree with the Court’s conclusion that section 11.67 of the Texas Alcoholic Beverage Code limits the district court’s power to try the administrative appeal and render a judgment within ten days from the date the aggrieved party files the appeal to the district court. Moreover, I agree that the district court’s docket sheet entry did not amount to a rendition of judgment within the ten-day statutory period.

However, I cannot agree with the Court’s decision about how to resolve the fundamental issue in this case: How does an applicant under section 11.67 exercise…

2Cases cited13 opinions

  1. Texas Ass'n of Business v. Texas Air Control BoardTexas Supreme Court · 1993
  2. Lindsey v. NormetSupreme Court of the United States · 1972
  3. State Ex Rel. Latty v. OwensTexas Supreme Court · 1995
  4. Nelson v. KrusenTexas Supreme Court · 1984
  5. Exxon Corp. v. TidwellTexas Supreme Court · 1993

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