Floyd TUTSON, Et Al., Appellants, v. Tom UPCHURCH, Jr., Tom Upchurch, Jr. & Associates, and Wayne Barfield, Appellees

On Motion for Rehearing

Pending before the court is a motion for rehearing of Tom Upchurch, Jr., Tom Upchurch, Jr. and Associates, and Wayne Barfield (Upchurch and Barfield). Movants inform us that we engaged in “a complete misconstruction of what occurred” when reversing the summary judgment entered below. Furthermore, the “complete misconstruction” involved our application of Texas Rule of Civil Procedure 11 to the circumstances depicted in the record. There was no agreement between counsel implicating Rule 11, they continued. Rather, the “statement of concession by” appellants’ counsel was…