Pace v. Jordan

OPINION ON MOTION FOR REHEARING

ADELE HEDGES, Justice.

The Court today considered the motion by appellants, Charles E. Pace and Maria T. Fuentez, which was entitled, “Motion for Reconsideration and Reconsideration En Banc.” We construe this motion to be a motion for rehearing under Tex.R.App. P. 49.5, and for en banc reconsideration under Tex.R.App. P. 49.7. The motion for rehearing is granted. We withdraw our opinion dated July 1, 1999, and issue this opinion in its stead. Our judgment of July 1,1999 remains unchanged. 1

Background

This case involves shareholder derivative litigation.…