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Yarbrough v. Texas A&M University - Kingsville

Unless the conduct challenged by an appellant has been discontinued and there is no reasonable expectation that the wrong will be repeated, the case is not moot. Corpus Christi Court of Appeals, No. 13-07-00744-CV, 09-24-2009.

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OPINION

Before Chief Justice Valdez and Justices Rodriguez and Benavides

This appeal arises from a lawsuit filed by a professor seeking a declaration that her university employer prevented her from exercising her right to file a grievance regarding a negative employment evaluation. Appellant Melody Yarbrough challenges the trial court’s order denying her motion for summary judgment and granting summary judgment in favor of appellee Texas A&M University – Kingsville (TAMUK or the university). By three issues, Yarbrough complains that the trial court erred in determining, as a matter of law, that TAMUK had allowed Yarbrough to present her grievance to someone in a position of authority as required by the government code. See Tex. Gov’t Code Ann. § 617.005 (Vernon 2004). We reverse and render in part and reverse and remand in part.

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