Traylor Bros., Inc. v. Garcia

OPINION ON APPELLANT’S MOTION FOR REHEARING EN BANC

TOM RICKHOFF, Justice.

Traylor Brothers’ motion for rehearing en banc is granted. Because a majority of the justices of the en banc court could not agree on a judgment, that fact was certified to the Chief Justice of the Texas Supreme Court. See Tex.R.App.P. 41.2(b). The Chief Justice of the Texas Supreme Court appointed two visiting judges to sit with the court to consider the case. See id.

This court’s opinion and judgment dated January 18, 1999 are withdrawn, and this opinion and judgment are substituted.

Flavio Alaniz, Sr. (“Alaniz”) was…