Court of Appeals of Texas June 21, 2001, 2-98-257-CV (Cadle Co. v. Lobingier)

OPINION ON EN BANC REVIEW

DAY, Justice.

I.Introduction

After reviewing David B. Lobingier’s motion for en banc review, we grant the motion in part and deny it in part. We withdraw our opinion and judgment of October 5, 2000 and substitute the following in their place.

In this appeal, The Cadle Company (Ca-dle), Daniel C.