Opinion

International Ass'n of Firefighters, Local Union No. 2390 v. City of Kingsville

  • 568 S.W.2d 391
  • 98 L.R.R.M. (BNA) 2512
Court
Court of Appeals of Texas
Filed
Apr 27, 1978
Status
Published
On the bench
Young
Cited by
15 cases
Authority
More cited than 8.3%

The opinion

OPINION ON MOTION FOR REHEARING

On motion for rehearing, the Union contends that we erred in finding that its first point of error was too general to merit consideration and that it was not entitled to a substantial evidence review in the trial court. While we find that these contentions are without merit, we also note that the Union did not plead its right to a substantial evidence review in the court below nor does the record show that it brought this point to the trial court’s attention. Indeed, the trial court’s judgment specifically states that after the court declared Article 5154c-l § 16 unconstitutional the “parties represented to the Court that the only thing remaining before the Court for consideration was the [Union’s] petition for declaratory judgment as to the validity of the election of August 4, 1976.” This issue cannot be raised for the first time on appeal. State of California Dept, of Mental Hygiene v. Bank of the Southwest National Association, 163 Tex. 314 , 354 S.W.2d 576 (1962). The Union’s motion for rehearing is overruled.

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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