Texas Employment Commission v. Schepps Dairy, Inc.

McCLOUD, Chief Justice.

Schepps Dairy, Inc. filed suit against the Texas Employment Commission and Gerald *331Kissentaner, former employee of Schepps, seeking judicial review of a decision of the Commission awarding unemployment benefits to Kissentaner. Following a pretrial hearing, the court ordered that the review be by trial de novo. After a nonjury trial, which included the testimony of three witnesses, the court rendered judgment in favor of Schepps setting aside the administrative decision of the Commission. The Commission appeals. We reverse and remand.

The Commission first argues that the…