Stover v. Concrete Sawing and Sealing Corporation

ON MOTION FOR REHEARING

MASSEY, Chief Justice.

In their motion for rehearing appellees assert, “The Court of Civil Appeals erred in withdrawing its former opinion affirming the Trial Court’s judgment, in that this case has been decided by a two-judge Court, The Honorable Justice Renfro having heretofore chosen to disqualify himself, and the present opinion of the two-judge Court is a tie, there being a dissenting opinion.”

Appellees are in error in assuming that Justice Renfro disqualified himself. He has not at any time disqualified himself.

Justice Renfro listened to the oral arguments. After…