No. 13-0094
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The Court requested full merits briefing on May 3, 2013. The Court issued an opinion resolving the case on November 21, 2014. File Closed
| Appellate District: | 3rd Court of Appeals |
| Outcome Below: | Reverse & Render |
| COA Docket No.: | 03-11-00244-CV |
| Opinion Author: | Honorable Diane M. Henson |
| Trial Court: | 261st District Court |
| County: | Travis |
| Trial Judge: | Honorable Amy Clark-Meachum |
| Trial Docket: | D-1-GN-10-004081 |
| Date | Event | Outcome | |
|---|---|---|---|
| 2015-01-23 | Case Stored | ||
| 2015-01-16 | Mandate issued | ||
| This case was waiting for a possible rehearing motion between November 21, 2014 and January 16, 2015. | |||
| 2014-11-21 | Petition for Review granted under TRAP 59.1 | ||
| 2014-11-21 | Opinion issued | Court of Appeals' judgment reversed and dismissed | |
| 2014-11-21 | Court approved judgment sent to attorneys of record | Issued | |
| 2014-11-21 | Petition for Review disposed | Petition granted pursuant to TRAP 59.1 | |
| 2014-11-07 | Letter Filed | ||
| This case was pending on merits briefs between October 14, 2013 and November 7, 2014. | |||
| 2013-10-14 | Letter Filed | ||
| 2013-08-26 | Reply Brief (Petitioner) | ||
| 2013-08-16 | Brief on the Merits (Respondent) | ||
| 2013-07-05 | Motion for Extension of Time disposed. | Filing granted | |
| 2013-07-05 | Motion for Extension of Time to File Brief filed | ||
| 2013-07-03 | Brief on the Merits (Petitioner) | ||
| 2013-05-21 | Motion for Extension of Time disposed. | Filing granted | |
| 2013-05-21 | Motion for Extension of Time to File Brief filed | ||
| 2013-05-09 | Case Record Filed | ||
| 2013-05-03 | Brief on the Merits Requested | ||
| 2013-05-03 | Record Requested in Petition for Review | ||
| 2013-03-21 | Reply to Response (Petitioner) | ||
| 2013-03-12 | Case forwarded to Court | ||
| 2013-03-11 | Response to Petition (Respondent) | ||
| 2013-02-08 | Petition for Review (Petitioner) |
| Party | Counsel | Role | ||||||
|---|---|---|---|---|---|---|---|---|
| Resendez, Rosaena |
|
Respondent | ||||||
| Texas Commission on Environmental Quality |
|
Petitioner |
Resendez was an employee of TCEQ "assigned to investigate the whereabouts of a vehicle" purchased as part of an emissions-reduction program. She learned that the owner had been deported, and then tried to make internal reports within the agency about what she saw as a violation of state law in how the funds were being used.
Her internal reports reached up several levels (during which time she was told to "Drop it") and, eventually, staff members in a state senator's office.
The Court applied its Whistleblower Act precedent (including
TEXAS DEPARTMENT OF HUMAN SERVICES v. OLIVER OKOLI, No. 10-0567 ) to conclude that none of the officials to whom she reported this conduct were "appropriate law enforcement authority" within the scope of the act. Accordingly, the Court held, her claims were barred by sovereign immunity.
