Utts v. Short

in which Chief Justice PHILLIPS, Justice ENOCH, Justice HANKINSON, Justice O’NEILL, and Justice JEFFERSON join, and delivered a concurring opinion in Part V, in which Justice ENOCH, Justice HANKINSON, and Justice O’NEILL join.

We grant Dr. Utts’s motion for rehearing. We withdraw our opinion of Febru*825ary 28, 2002, and substitute the folio-wing in its place.

I. INTRODUCTION

In this wrongful-death case, we must determine whether a nonsettling defendant is entitled to settlement credits under Chapter 33 of the Texas Civil Practice and Remedies Code. We hold that the record here triggers the…