Wilson v. Talon Development Co.

I respectfully dissent from the majority’s decision to overrule the Appellees’ Motion for Rehearing. By their motions, the appellees argue that the Wilsons’ wrongful death claims are not so interwoven with Tucker’s claim for property damage to its truck as to make a partial remand of Tucker’s claim alone unfair. I agree and would grant rehearing and modify our prior opinion and judgment to reverse and remand only Tucker’s claim and not the claims of the Wilson plaintiffs.

Texas Rule of Appellate Procedure 44.1(b)1 provides with regard to reversible error that, “[i]f the error affects part of,…