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

> Court of Appeals of Texas · April 27, 1978 · 568 S.W.2d 391

URL: https://www.frixlaw.com/law-library/cases/9683347

## Case

- **Full name:** INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION NO. 2390 and Alonzo Lopez, Jr., Charles Bishop, David Strubhart and Roberto Garcia, Individually and as Representative of a Class Consisting of Fire Fighters Employed by the City of Kingsville, Appellants, v. CITY OF KINGSVILLE, Appellee
- **Court:** Court of Appeals of Texas
- **Decided:** April 27, 1978
- **Citations:** 568 S.W.2d 391; 98 L.R.R.M. (BNA) 2512
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Young
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9683347

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9683347. Public record. Not legal advice.