City of Beaumont v. Spivey

I reluctantly concur with the majority’s holding that the trial judge’s finding that Spivey cheated on his entrance exam is not so weak as to be manifestly unjust. As the majority points out, the evidence is mainly circumstantial and the trial judge had the opportunity to make the determination, therefore, I must respect that prerogative and not substitute my judgment for his.

I respectfully dissent to the majority’s holding that Spivey had no rights under Chapter 143. The trial judge was quite correct in his conclusion of law number 7 where he stated:

There is nothing in the statutory law nor…