Moeller v. Fort Worth Capital Corp.

OPINION ON MOTION FOR REHEARING

SPURLOCK, Justice.

Motion for rehearing is granted. Since oral submission arid handing down of our opinion dated October 16, 1980, the parties have filed a stipulation dated October 22, 1980, stating that their stipulation of September 29, 1980, regarding this court’s consideration of the deposition of Ernest John Jezek, was in error. The parties have now stipulated that they were in error and withdraw their stipulation as to the deposition of Jezek and state the same cannot be considered by this court. Therefore, we withdraw our original opinion and substitute…