Ray v. McMaster

OPINION ON REHEARING

ELSA ALCALA, Justice.

Appellee, Ronald Lee McMaster, has filed a motion for rehearing and for en banc reconsideration of our opinion issued on June 18, 2009. We withdraw our opinion and judgment of June 18, 2009 and substitute this opinion and judgment in their place. Because we issue a new opinion in connection with the denial of rehearing, McMaster’s motion for en banc reconsideration of our prior opinion is moot. Richardson-Eagle, Inc. v. William M. Mercer, Inc., 213 S.W.3d 469, 472 (Tex.App.-Houston [1st Dist.] 2006, pet. denied).

Appellant, Mary Rochene Ray, appeals…