OPINION
TERRY JENNINGS, Justice.
Appellee, James M. Williams, has filed a motion for en banc reconsideration from this Court's June 10, 2010 opinion. In light of the motion, we withdraw our opinion and judgment of June 10, 2010 and issue this opinion in its stead. We overrule the motion for reconsideration en banc as moot. See Brookshire Brothers, Inc. v. Smith,
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