OPINION
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Texas A&M University - Kingsville v. Yarbrough, 347 S.W.3d 289 (Tex. 2011)
(Opinion by Chief Justice Wallace B. Jefferson)
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FULL TEXT OF OPINION [ coming soon ]
Opinions are available in pdf from the Court's website. Follow docket-number hotlink or click the case-style
hyperlink to download the pdf file.
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OPINION OF THE COURT OF APPEALS BELOW: Court of Appeals
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Also see: Texas Causes of Action | 2011 Texas Supreme Court Opinions | 2011 Tex Sup Ct Per Curiams
Texas A&M University - Kingsville v. Yarbrough,
Tex. A & M Univ.-Kingsville v. Yarbrough, 347 S.W.3d 289 (Tex. 2011).
No. 09-0999 (Tex. Aug. 26, 2011) (Chief Justice Wallace Jefferson)(mootness, no live controversy re: university
tenure process)
TEXAS A&M UNIVERSITY - KINGSVILLE v. MELODY YARBROUGH; from Kleberg County; 13th district (13-07-
00744-CV, 298 SW3d 366, 09-24-09)
The Court reverses the court of appeals' judgment and renders judgment.
Chief Justice Jefferson delivered the opinion of the Court, in which Justice Medina, Justice Green, Justice
Guzman, and Justice Lehrmann joined. [pdf]
An associate professor contends that her application for tenure was undermined by a
department chair’s summary of a performance evaluation in which the professor received an
“exceptional” numerical rating. Although she was given the opportunity to rebut the summary, the
professor asserts that the university prevented her from filing an official grievance. The professor
was granted tenure before she filed the present suit requesting a declaration that the university’s
action violated Government Code section 617.005. We must decide whether her complaint about
the university’s grievance process survives her status as a tenured professor. Because we conclud
that this case presents no live controversy, we reverse the court of appeals’ judgment and render
judgment dismissing the case.
We reverse the court of appeals’ judgment and render judgment dismissing the case. TEX.
R. APP. P. 60.2(c).
Justice Willett delivered a dissenting opinion, in which Justice Hecht, Justice Wainwright, and Justice Johnson
joined. [pdf]
Link to e-briefs: TEXAS A&M UNIVERSITY - KINGSVILLE v. YARBROUGH