Motion for rehearing denied.
TOM GRAY, Chief Justice, dissenting from denial of motion for rehearing.
In a separate order issued in this cause on this same date, we are granting the relief requested in the motion for rehearing by withdrawing our earlier judgment and correcting an alleged error in our original assessment of costs. I would not grant the relief requested in the motion for rehearing without first requesting a response. Tex.R.App. P. 49.2.
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