City of Leon Valley v. Benny Martinez

Opinion

Fourth Court of Appeals San Antonio, Texas December 21, 2020

No. 04-19-00879-CV

CITY OF LEON VALLEY, Appellant

v.

Benny MARTINEZ, Appellee

From the 225th Judicial District Court, Bexar County, Texas Trial Court No. 2019-CI-08343 Honorable Peter Sakai, Judge Presiding

ORDER

Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Irene Rios, Justice

The panel has considered Appellee’s further motion for rehearing;1 the motion is DENIED. See TEX. R. APP. P. 49.5.

_________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of December, 2020.

1 The panel’s November 18, 2020 opinion and judgment withdrew its August 19, 2020 opinion and judgment. The withdrawn opinion has no precedential value. See Park v. Essa Tex. Corp., 311 S.W.2d 228, 231 (Tex. 1958) (“The [court of appeals’] withdrawn opinion is without force as a precedent.”); Walden v. Affiliated Computer Servs., Inc., 97 S.W.3d 303, 330 (Tex. App.—Houston [14th Dist.] 2003, pet. denied) (“[T]his court has since withdrawn its opinion in Smith, and thus that opinion has no precedential value.”). ___________________________________ MICHAEL A. CRUZ, Clerk of Court