Fought v. Solce

DISSENT FROM THE ORDER OVERRULING THE MOTION EN BANC

O’CONNOR, Justice.

I dissent from the denial of the motion to submit this case for an en banc hearing. This case was heard and decided by a panel composed of Justices Hughes, the author, Bass, and Dunn. I disagreed with the opinion, and called for an en banc submission of the case. Tex.R.App.P. 79(d). The motion for en banc consideration failed to carry a majority of the Court. From that vote, I dissent.

The full Court should hear and resolve the issues in this case for a number of reasons. First, this case is one of first impression, and…