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TRAYLOR BROS., INC. v. GARCIA

No. 04-97-00179-CV.

49 S.W.3d 430 (2001)

TRAYLOR BROS., INC., Appellant, v. Simona R. GARCIA, Administrator of the Estate of Elva Garcia Alaniz; Elias Alaniz, as Representative of the Estate of Flavio Flores Alaniz; Simona R. Garcia, as Next Friend of Elizabeth Alaniz, Edith Alaniz, and Flavio Flores Alaniz Jr., Minor Children; and Eladio Alaniz, as Guardian of the Estate of Elizabeth Alaniz, Edith Alaniz, and Flavio Alaniz Jr., Minor Children, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled June 1, 2001.

Attorney(s) appearing for the Case

Ana Lisa Garza, Law Offices of Ana Lisa Garza, Rio Grande City, Andrew T. McKinney, IV, Kim A. Cooper, McKinney & Cooper, L.L.P., Houston, for Appellant.

Craig S. Smith, Donald B. Edwards, Smith & Edwards, Corpus Christi, Ramon Garcia, Catherine W. Smith, Felipe Garcia, Jr., Law Office of Baldemar Garza, P.C., Edinburg, Baldemar Garza, Law Office of Baldemar Garza, Rio Grande City, David C. Garza, Garza & Garza, L.L.P., Brownsville, Thomas H. Crofts, Jr., Crofts, Callaway & Jefferson, P.C., San Antonio, for Appellee.

Sitting: PHIL HARDBERGER, Chief Justice, TOM RICKHOFF, Justice, ALMA L. LÓPEZ, Justice, CATHERINE STONE, Justice, PAUL W. GREEN, Justice, SARAH B. DUNCAN, Justice, KAREN ANGELINI, Justice, FRANK EVANS, Justice, AUSTIN McCLOUD, Justice.

Rehearing En Banc Overruled June 1, 2001.

OPINION ON APPELLANT'S MOTION FOR REHEARING EN BANC

TOM RICKHOFF, Justice.

Traylor Brothers' motion for rehearing en banc is granted. Because a majority of the justices of the en banc court could not agree on a judgment, that fact was certified to the Chief Justice of the Texas Supreme Court. See TEX.R.APP.P. 41.2(b). The Chief Justice of the Texas Supreme Court appointed two visiting judges...

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