Mendiola v. City of Laredo

OPINION

Opinion by

SANDEE BRYAN MARION, Justice.

The sole focus of the underlying lawsuit was whether the promotion of Hector E. Benavides to the rank of fire captain, done on October 25, 2005, but made effective on February 20, 2005, created as a matter of law a vacancy in the rank of fire driver on February 20, 2005. If the vacancy occurred as a matter of law on October 25, 2005, then the trial court properly rendered summary judgment dismissing appellants’ claims. We hold the vacancy occurred as a matter of law on February 20, 2005; therefore, we reverse the summary judgment in favor of the…