No. 04-98-00070-CV

Donald HILLYER, Appellant

v.

DIAMOND SHAMROCK REFINERY and Marketing and Diamond Shamrock Corner Store #1004, Manager, Assistant Manager, District Manager and Safety Manager, Appellees

From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 97-CI-04363 Honorable Martha Tanner, Judge Presiding

Opinion by: Catherine Stone, Justice

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Karen Angelini, Justice

Delivered and Filed: February 3, 1999

AFFIRMED

Donald Hillyer appeals from a summary judgment granted in favor of appellees Diamond Shamrock Refining and Marketing Company, Diamond Shamrock Corner Store #1004, Manager, Assistant Manager, District Manager, and Safety Manager on his claims for personal injuries sustained as an employee at Diamond Shamrock Corner Store #1004. The appeal has been submitted on the record only and, therefore, we review for fundamental error. See Pirtle v. Gregory, 629 S.W.2d 919, 920 (Tex. 1982) (fundamental error occurs in rare instances where record shows court lacked jurisdiction or that public interest is directly and adversely affected as that interest is declared in state statutes and constitution). Because the record shows on its face that the trial court had jurisdiction and all parties received proper notice, we find no fundamental error. Accordingly, the judgment of the trial court is affirmed.

Catherine Stone, Justice

DO NOT PUBLISH

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