Reyes v. Saenz

OPINION

Opinion by:

SANDEE BRYAN MARION, Justice.

This is an appeal from the trial court’s summary judgment rendered in favor of appellees. In an opinion and judgment dated July 9, 2008, we reversed and remanded after a determination that appel-lees did not establish their entitlement to summary judgment as a matter of law. Appellees filed a motion for rehearing. To clarify our discussion on the issue of necessity, we vacate our earlier judgment, withdraw our earlier opinion, and issue this opinion and judgment in their place. Concluding our original decision was correct, we overrule appellees’…