Overstreet v. Underwood

OPINION ON MOTION FOR REHEARING

DON H. REAVIS, Senior Justice

(Retired).

Appellant’s motion for rehearing is overruled; however, we withdraw our opinion and judgment of September 11, 2009, and issue this opinion in lieu thereof.

Appellant, Elizabeth Overstreet, presents three issues contending the trial court erred in (1) finding that Appellee, Judge Bradley Underwood, in his official capacity, was not her employer for purposes of chapter 21 of the Texas Labor Code, 2 (2) granting Underwood’s no evidence motion for summary judgment on her retaliation claim, and (3) granting Underwood’s motion for…