In Re Brazil

ON REHEARING

Appellant asserts in his motion for rehearing that there is a conflict between the opinion in Briscoe v. Gulf Supply Co., Inc., 612 S.W.2d 88 (Tex.Civ.App.—Fort Worth 1981, writ ref’d n.r.e.), and the opinion in State v. Whittaker, 617 S.W.2d 304 (Tex.Civ.App.—Tyler 1981, no writ). We agree that there is a conflict in these decisions, but we will follow Briscoe for the reasons stated in our original opinion and the additional reasons stated by this court in B. D. Click Company, Inc. v. Safari Drilling Corporation, No. 5647 (Tex.Civ.App.—Eastland, August 28, 1981) (not yet…