Diana Fite, M.D. and Intervenor Patrick J. Woods, M.D. v. Emtel, Inc., Joseph Degioanni, M.D., Individually and on Behalf of BEPA

Opinion issued October 2, 2008.

In The

Court of Appeals

For The

First District of Texas

NO. 01-07-00273-CV

DIANA FITE, M.D. AND PATRICK G. WOODS, M.D., Appellants

V

EMTEL, INC. AND JOSEPH DEGIOANNI, M.D., Appellees

On Appeal from the 152nd District Court

Harris County, Texas

Trial Court Cause No. 2003-69942

MEMORANDUM OPINION ON REHEARING

We grant appellant’s motion for rehearing. See Tex. R. App. P. 49.3. We withdraw our January 17, 2008 opinion, substitute this opinion in its place, and vacate our prior judgment.

In this interlocutory appeal, appellants, Diana Fite, M.D. and Patrick G. Woods, M.D.,…