FWT, Inc. v. Haskin Wallace Mason Property Management, L.L.P.

OPINION ON REHEARING

BILL MEIER, Justice.

Appellant FWT, Inc. filed a motion for rehearing and en banc reconsideration of our opinion issued on August 27, 2009. We deny FWT’s motion for rehearing and en banc reconsideration, withdraw our opinion and judgment dated August 27, 2009, and substitute the following.

I. Introduction

Texas law is clear that a right of first refusal empowers its holder with a preferential right to purchase the subject property on the same terms offered by or to a bona fide purchaser. Tenneco Inc. v. Enter. Prods. Co., 925 S.W.2d 640, 644 (Tex.1996). What is less clear is…