[DOWNLOAD] "City Texarkana v. Billy G. Fincher" by Sixth District, Texarkana No. 9124 Court of Appeals of Texas " Book PDF Kindle ePub Free
eBook details
- Title: City Texarkana v. Billy G. Fincher
- Author : Sixth District, Texarkana No. 9124 Court of Appeals of Texas
- Release Date : January 21, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Per Curiam The City of Texarkana appeals a district court ruling which ordered Billy G. Fincher reinstated as a police officer. The chief of police notified Fincher by letter that he was indefinitely suspended from the department. Fincher appealed to the Civil Service Commission which held a hearing and rendered a decision approving the suspension. Fincher appealed to the district court and then to the court of appeals claiming the Commission's decision was void because it did not state whether he was permanently or temporarily suspended. This Court dismissed the appeal because the Commission's order was not a final one. Article 1269m, ร§ 16, Tex. Rev. Civ. Stat. Ann. (Vernon 1963); Fincher v. City of Texarkana, 598 S.W.2d 22 (Tex. Civ. App.-Texarkana 1980, writ ref'd n.r.e.). The Commission then entered an amended order, entitled Order Nunc Pro Tunc, which met the formal requirements of the statute and was final. Fincher then appealed to the district court claiming that order was void because it was entered more than thirty days after his original notice of appeal. The district court agreed and reversed the Commission's order, and ordered that Fincher be reinstated and awarded $11,365.73 in back pay. In this appeal, the City argues that the thirty day limit required by the statute for entry of the Commission's order is not mandatory and jurisdictional, but directional. Fincher cross-appeals claiming the trial court erred in applying the doctrine of mitigation of damages to his lost wages. We hold the thirty day limit set by the statute is jurisdictional and that the trial court did not err in reducing Fincher's recovery.