H. P. Duckett v. City Houston

The question here is whether the Fire Chief of the City of Houston was required by statute to promote H. P. Duckett, Petitioner here and Plaintiff below, to the position of Assistant Arson Investigator within ninety days after the establishment of his eligibility therefor on May 7, 1970. The trial court held that the Chief was under this statutory duty and granted Ducketts Motion for Summary Judgment in this mandamus action which he instituted against the City of Houston; C. R. Cook, Fire Chief of the City of Houston (J. M. Honea has been substituted for C. R. Cook by proper motion); and H. S. Lanier, Director of the Firemen and Policemens Civil Servce Commission of the City of Houston. A majority of the Court of Civil Appeals reversed and remanded upon the finding that a fact question was presented as to whether or not a vacancy existed in the position. 486 S.W.2d 871. We reverse the judgment of the intermediate court and affirm that of the trial court.