Opinion

Gibraltar Savings Ass'n v. Franklin Savings Ass'n

  • 617 S.W.2d 322
  • 1981 Tex. App. LEXIS 3672
Court
Court of Appeals of Texas
Filed
May 20, 1981
Status
Published
Author
Phillips
On the bench
Powers
Cited by
6 cases

"The procedural methods that are implied for administrative action that is judicial in nature tend to follow the model of court procedures."

How later courts described this case

  • "The procedural methods that are implied for administrative action that is judicial in nature tend to follow the model of court procedures."

Written by the judges who cited it.

The opinion

*329 PHILLIPS, Chief Justice,

dissenting.

I respectfully dissent.

In my judgment 11 days is not enough time to prepare an administrative case of this magnitude. Consequently, I would hold that appellees have been denied procedural due process in the matter and would affirm the trial court.

As to the question of whether or not testimony from appellee, Southside’s attorney that he had not yet found an economist to bulwark his position and as to the relevance of this testimony to establish the facts necessary for a postponement, I cannot imagine a better expert to present evidence on the situation than the lawyer involved.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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