IN THE

TENTH COURT OF APPEALS

No. 10-03-00397-CV

The State Office

of RiSk Management,

                                                                      Appellant

 v.

Charisse A. Conley,

                                                                      Appellee

From the 361st District Court

Brazos County, Texas

Trial Court # 52,029-361

There is not a lot of legal precedent for common sense.  In this case, it is undisputed The State Office of Risk Management has paid Conley $8,308.95 more than she was entitled.  The State Office of Risk Management should be allowed to deduct this overpayment from amounts that would otherwise be paid to Conley in the future.  It’s just common sense.  The majority cites no authority that prevents the application of common sense.  The majority does not apply common sense.  I would.  Therefore, I dissent.

                                                          TOM GRAY

                                                          Chief Justice

Dissenting opinion delivered and filed March 30, 2005

[CV06]