Birenbaum v. Option Care, Inc.

OPINION ON MOTION FOR REHEARING

MOSELEY, Justice.

We grant appellant’s motion for rehearing. We withdraw our opinion of May 2,1997 and vacate our previous judgment. The following is now the opinion of the Court.

Appellant Dennis H. Birenbaum, M.D., sued appellee Option Care, Inc., for damages arising from Option Care’s refusal to pim- chase stock owned by Birenbaum. The trial court granted Option Care’s motion for summary judgment, which argued that Biren-baum’s causes of action were barred by the statute of frauds. Birenbaum appeals on four points of error, contending: (1) the summary judgment…