Lehmann v. Har-Con Corp.

opinion on Rehearing

WANDA McKEE FOWLER, Justice.

In their motion for rehearing, Douglas and Virginia Lehmann assert that this Court erroneously dismissed their appeal for lack of jurisdiction. Although we reluctantly vote to overrule the motion, we write to address the unfortunate consequences of the application of the Texas Supreme Court’s holdings in Mafrige v. Ross, 866 S.W.2d 590 (Tex.1993), and Inglish v. Union State Bank, 945 S.W.2d 810 (Tex.1997). As discussed below, this case illustrates how Mafrige and Inglish cause inequitable results. We have seen it on more than a few occasions at…