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TEXAS ORTHOPAEDIC ASS'N v. TEXAS STATE BD.

No. 03-05-00620-CV.

254 S.W.3d 714 (2008)

TEXAS ORTHOPAEDIC ASSOCIATION, Texas Medical Association and Andrew M. Kant, M.D., Appellants v. TEXAS STATE BOARD OF PODIATRIC MEDICAL EXAMINERS; Texas Podiatric Medical Association; and Bruce A. Scudday, D.P.M., Appellees.

Court of Appeals of Texas, Austin.

May 23, 2008.

Attorney(s) appearing for the Case

Susan Henricks, Hull, Henricks & MacRae, LLP, Donald P. Wilcox, Office of General Counsel, Texas Medical Association, Austin, for appellants.

John F. Morehead, Robert E. Henneke, Assistant Attorneys General, General Litigation Division, Jennifer S. Riggs, Riggs & Aleshire, PC, Austin, for appellees.

Before Justices B.A. SMITH, PURYEAR and WALDROP.

OPINION

DAVID PURYEAR, Justice.

Our opinion and judgment issued on March 14, 2008, are withdrawn, and the following opinion is substituted.

Various statutes over the years have described the practice of podiatry as the treatment of the foot, but the term "foot" has never been statutorily defined. See, e.g., Tex. Occ.Code Ann. § 202.001(a)(4) (West 2004). In 2001, the Texas State Board...

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