OPINION ISSUED JULY 18, 1990

GARY E. KELLER, SHERIFF OF TYLER COUNTY
VS.
SUPREME COURT OF APPEALS

(CC-90-173)

No appearance by claimant.
Lowell D. Greenwood, Assistant Attorney General, for respondent.

PER CURIAM:

This claim was submitted for decision based upon the allegations in the Notice of Claim and the respondent's Answer.

Claimant seeks $11,003.65 for jury and witness fees. The invoice for the fees were not processed for payment in the proper fiscal year; therefore, the claimant has not been paid. The respondent admits the validity and amount of the claim and states that there were sufficient funds expired in the appropriate fiscal year with which the claim could have been paid.

In view of the foregoing, the Court makes an award in the amount sought.

Award of $11,003.65.