Eckles v. City of Lubbock
| Decision Date | 31 December 1992 |
| Docket Number | No. D-2878,D-2878 |
| Citation | 846 S.W.2d 825 |
| Parties | 1 Wage & Hour Cas.2d (BNA) 342 Harold ECKLES, James Dean, and James Vaughn, Petitioners, v. CITY OF LUBBOCK and Lubbock Fire Department, Respondents. |
| Court | Texas Supreme Court |
B. Craig Deats, Austin, for petitioners.
John C. Ross, Jr., Dennis W. McGill, Lubbock, Allen Butler, Jerry D. Mason, Dallas, for respondents.
Prior Report: 846 S.W.2d 863.
Petitioners Harold Eckles, James Dean, and James Vaughn, fire inspectors for the City of Lubbock between 1984 and 1987, brought this suit under two former versions of TEX.REV.CIV.STAT. art. 1269p seeking compensation for time spent on-call. Because the facts and legal issue in this case are controlled by our decision today in Tijerina v. City of Tyler, 846 S.W.2d 825 (Tex.1992), without hearing oral argument, we grant petitioners' application for writ of error, reverse the judgments of the courts below, and remand to the trial court to decide in light of Tijerina whether the petitioners were in "continuous contact" and "immediately available," and, if so, the amount of their damages. TEX.R.CIV.P. 170.
To continue reading
Request your trial
-
Drilex Systems v. Flores
... ... CODE 33.011(1). We are bound to apply the Legislature's chosen definition. See Tijerina v. City of Tyler, 846 S.W.2d 825, 827 (Tex. 1992). Thus, the court of appeals erred in treating each of ... ...
-
Tijerina v. City of Tyler
...underlying issue posed by the dissent is whether a court should invalidate legislation when a judge declares this "strikes me as odd." 846 S.W.2d at 831. Surely the effect of this now repealed statute is "odd." The notion that public employees should be paid when principally engaged in pers......