Jose Luis Pena v. County of Starr

Fourth Court of Appeals San Antonio, Texas JUDGMENT No. 04-12-00462-CV Jose Luis PENA, Appellant v. COUNTY OF STARR, Appellee From the County Court at Law, Starr County, Texas Trial Court No. CC-08-135 Honorable Romero Molina, Judge Presiding BEFORE JUSTICE ANGELINI, JUSTICE BARNARD, AND JUSTICE MARTINEZ In accordance with this court’s opinion of this date, we AFFIRM the granting of summary judgment with respect to appellant Jose Luis Pena’s claims for age discrimination and retaliation for filing a workers’ compensation claim. We REVERSE the summary judgment as to appellant Jose Luis Pena’s claims for violation of the Family Medical Leave Act and discrimination based on disability, and REMAND the case to the trial court for further proceedings consistent with this opinion. Costs of the appeal are taxed against the party incurring same. SIGNED December 18, 2013. _____________________________ Rebeca C. Martinez, Justice