City of San Antonio v. Lopez

ON APPELLEE’S MOTION FOR REHEARING

PER CURIAM.

Appellee files his motion for rehearing urging that this Court erred by employing an incorrect standard of review in the case. Appellee’s motion for rehearing is denied. We tender the following in clarification of our original opinion.

In their brief on appeal, the City of San Antonio and the San Antonio Firemen’s and Policemen’s Civil Service Commission raised the following point of error: “The District Court erred in holding that the City of San Antonio’s administrative directive of July 1, 1985 applied to Plaintiff, Roy R. Lopez.” The substance of appellants’ argument is that the trial court erred, as a matter of law, in finding that the directive applied to appellee and that there was no evidence to support that finding. Appellants’ prayer requested that we reverse the judgment of the trial court and render judgment for appellants that appel-lee take nothing by his suit.

In reviewing the sufficiency of the evidence we applied the legal sufficiency test of Garza v. Alviar, 395 S.W.2d 821, 823 (Tex.1965): we considered only that evidence and the reasonable inferences that could be drawn therefrom in their most favorable light to support the trial court’s finding and disregarded all other evidence and inferences. The trouble is, we could not find any evidence in support of the trial court. Our recitation of facts in the opinion was not meant as a review of the factual sufficiency of the evidence, but was intended only as an aid to the reader in familiarizing himself with the history of the events behind the appeal.

We stand by our original decision that, as a matter of law, the administrative directive does not apply to appellee. The Firemen’s and Policemen’s Civil Service Commission had jurisdiction to hear appel-lee’s dismissal proceedings.

Appellee's motion for rehearing is denied.