the City of Houston v. Steve Willams
the City of Houston v. Steve Willams
Opinion
Reinstated; Motion Granted; Affirmed in Part; Reversed and Rendered in Part; and Memorandum Opinion filed August 6, 2013.
In The Fourteenth Court of Appeals NO. 14-13-00121-CV THE CITY OF HOUSTON, Appellant V. STEVE WILLAMS, ET AL, Appellees On Appeal from the 80th District Court Harris County, Texas Trial Court Cause No. 2002-22690A
MEMORANDUM OPINION This is an appeal from a Final Summary Judgment signed November 16, 2012, awarding overtime and termination pay to a group of retired City of Houston firefighters.1 On March 26, 2013, this court granted appellant’s motion to abate this appeal pending a decision by the Texas Supreme Court in a related case, which has The appellees are identified in Exhibits A and B to the parties’ Stipulation No. 4, attached to the November 16, 2012, Final Summary Judgment that is the subject of this appeal. These Exhibits are attached hereto and incorporated by reference as if more fully set out herein. now been decided. See City of Houston v. Bates, —— S.W.3d ——, 56 Tex. Sup. Ct. J. 795, 2013 WL 3240206 (Tex. June. 28, 2013).
On July 24, 2013, the parties filed a joint motion to vacate the abatement, reinstate the appeal, reverse and render the trial court judgment in part, and affirm the judgment in part. See Tex. R. App. P. 42.1(a). We grant the motion.
We reinstate the appeal. We affirm the trial court’s summary judgment as to the “Termination Pay Claims” described in Section A of the November 16, 2012, Final Summary Judgment for those appellees and claims identified in Exhibit A attached to Stipulation No. 4 to the November 16, 2012, Final Summary Judgment, which total $2,113,415.99, exclusive of post-judgment interest. We reverse and render judgment in favor of the City of Houston as to the “Overtime/Debit Dock Claims” described in Section B of the November 16, 2012, Final Summary Judgment for those appellees and claims identified in Exhibit B to Stipulation No. to the November 16, 2012, Final Summary Judgment, which total $253,682.53.
Exhibits A and B are attached hereto and incorporated by reference as if more fully set out herein.
PER CURIAM Panel consists of Chief Justice Hedges and Justices Frost and Donovan.
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