Fourth Court of Appeals San Antonio, Texas JUDGMENT No. 04-13-00479-CV CITY OF HEWITT, Texas and Police Chief James Barton, Appellants v. Danny POWELL, Appellee From the 414th Judicial District Court, McLennan County, Texas Trial Court No. 2011-4376-5 Honorable Vicki Lynn Menard, Judge Presiding BEFORE JUSTICE BARNARD, JUSTICE MARTINEZ, AND JUSTICE ALVAREZ In accordance with this court’s opinion of this date, we REVERSE the judgment of the trial court, and REMAND this cause to the trial court for further proceedings. It is ORDERED that the mandate shall issue immediately. It is FURTHER ORDERED that costs of appeal are taxed against the parties who incurred them.

SIGNED March 19, 2014.

_________________________________ Rebeca C. Martinez, Justice