Texas Court of Appeals, 3rd District (Austin) December 22, 2005, 03-05-00241-CV (Police Civil Service Commission v. Gutierrez)

OPINION

BEA ANN SMITH, Justice.

The Police Civil Service Commission (the Commission) appeals the district court’s denial of its plea to the jurisdiction. In this interlocutory appeal, we must determine whether the Commission established that appellee, Rafael Gutierrez, lacked diligence as a matter of law in serving the Commission with citation.