John S. Mcconnell v. Southside Independent School District David S. Smith

The issue in this cause is whether a motion for summary judgment states specific grounds as required by Texas Rule of Civil Procedure 166a(c). Appellant John S. McConnell sued appellees Southside Independent School District; David S. Smith, Miguel M. Fernandez, Sammie Kerby, Joe L. Weiss, Mack C. Stallcup, Gilbert P. Arredondo in their individual and official capacities as trustees of the Southside Independent School District; and Julian Gonzales in his official capacity as trustee of the Southside Independent School District.1 The district court rendered a take-nothing summary judgment against McConnell from which he appeals by a single point of error. The Southside Independent School District employed McConnell as a teacher, but the district failed to renew his contract for the 1983-1984 school year. McConnell appealed to the district's board of trustees, which denied him any relief. See The Term Contract Non-renewal Act, 1981 Tex. Gen. Laws, ch. 765, at 2847 [Tex. Educ. Code ?? 21.201-.211, since amended]. McConnell appealed the board of trustees' decision to the commissioner of education and subsequently to the state board of education, arguing that the failure to grant him a continuance during the hearing before the board of trustees violated fourteenth amendment due process guarantees. Both the commissioner of education and the state board of education denied McConnell's appeals. See id.