Rodriguez v. Cuellar

Dissenting opinion by

ALMA L. LÓPEZ, Chief Justice.

I fully join in the Concurring and Dissenting Opinion authored by Justice Catherine Stone with regard to the merits of the issues raised in this appeal. I write separately to address the reasons I believe this court should not have granted en banc reconsideration of this appeal.

Rule 41.2(c) of the Texas Rules of Appellate Procedure states:

En Banc Consideration Disfavored. En banc consideration of a case is not favored and should not be ordered unless necessary to secure or maintain uniformity of the court’s decisions or unless extraordinary…