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POLAND v. OTT

No. 01-07-00199-CV.

278 S.W.3d 39 (2008)

Raymon POLAND, Individually and as Independent Administrator of the Estate of Jessie Poland, Robert Martin, and Frank Martin, Appellants, v. David OTT, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Substituted Opinion Dissenting from the Denial of En Banc Consideration January 22, 2009.

Attorney(s) appearing for the Case

Andrew Lee Payne, Sandrice M. McGlown, Payne & Payne & Associates, Houston, for appellants.

Chetna Gosain Koshy, John R. Strawn, Cruse, Scott, Henderson & Allen, L.L.P., Cynthia D. Rendon, Frank A. Doyle, Lauren B. Harris, Melaine Ann Rubinsky, Tamara M. Madden, Johnson, Spalding, Doyle, West 7 Trent, LLP, Dale Burrus Frisby, Leah Ann Greene, Kroger, Myers, Frisby & Hirsch, Houston, for appellee.

Panel consists of Justices TAFT, KEYES, and ALCALA.

OPINION

TIM TAFT, Justice.

Appellants, Raymon Poland, individually and as independent administrator of the estate of Jessie Poland, Robert Martin, and Frank Martin ("the Poland parties"), timely moved for rehearing to the panel and for en banc reconsideration to the Court. On March 5, 2008, the Court denied the Poland parties' rehearing motion, but their motion for en banc reconsideration remained pending, thus maintaining our plenary power over the appeal...

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