TERRY JENNINGS, Justice.
We deny the motion for rehearing filed in cause number 01-02-00679-CV by Jannete Gonzalez (Gonzalez), as dependent administrator of the estate of Guadalupe Gonzalez, Jr., deceased. See Tex.R.App. P. 49.3. We withdraw our en banc opinion of September 6, 2002, substitute this opinion in its place, and vacate our previous judgment.
These are accelerated, interlocutory appeals
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