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IN RE CUELLAR

No. 05-21-00683-CV.

652 S.W.3d 66 (2022)

IN RE: Juan Andres CUELLAR, Oldcastle Materials Texas, Inc., f/k/a APAC-Texas, Inc., Oldcastle Payroll Inc., f/k/a APAC, Inc. and APAC Holdings, Inc., Relators.

Court of Appeals of Texas, Dallas.

Opinion Filed January 31, 2022.

Attorney(s) appearing for the Case

Kelly Elena Gibbons , Syed Jibraeel Zaidi , Amy K. Witherite , Witherite Law Group, PLLC, Dallas, for Real party in interest.

Brett Lee Myers , Wick Phillips Gould & Martin, L.L.P., Dallas, for Relator.

Before Justices Osborne, Pedersen, III, and Goldstein

CONCURRING OPINION

I write separately in an attempt to provide some guidance to Texas trial courts on this area of law. But see, e.g., In re Lee, No. 05-01-00989-CV, 2001 WL 869568, at *1 (Tex. App.-Dallas Aug. 2, 2001, no pet.); TEX. R. APP. P. 52.8(d). Given the trial court's (i) three hearings...

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