City of Harlingen v. Alvarez

Opinion by

I join the majority in overruling the motion for rehearing on the new argument presented. However, I would grant rehearing to reconsider our disposition on original submission and, in that regard, respectfully dissent. See Houston E. & W.T.R. Co. v. Jackson, 299 S.W. 885, 886 (Tex.1927) (holding that the judgment of an appellate court has none of the elements of finality pending disposition of a motion for rehearing duly filed and has the power to address errors sua sponte as well as errors properly assigned) (citations omitted).

Appellant, the City of Harlingen, appealed the denial…