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IN RE HICKS

No. 14-07-00590-CV.

267 S.W.3d 555 (2008)

In re Michael HICKS and Jerry Fazio, Relators.

Court of Appeals of Texas, Houston (14th Dist.).

September 25, 2008.

Attorney(s) appearing for the Case

Jerry Fazio, Dallas, for relator.

Edward J. Hershewe, Joplin, Daniel W. Leedy, Bellville, Wesley Butler, R. Brent Cooper, Dallas, for real parties in interest.

Before the court en banc.

En banc rehearing denied.

KEM THOMPSON FROST, Justice, dissenting on denial of motion for en banc rehearing.

En banc review is warranted to secure and maintain uniformity in this court's decisions in an important and oft-visited area of the law—the rule governing waiver of privileges covering documents.1

Whether documents are privileged is a significant issue to litigants and one that arises frequently in both trial...

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