Case Number: 10-02-00266-CV 05/17/2005 Notice sent to Court of Appeals 05/17/2005 Case stored in record room 05/13/2005 Motion for Rehearing - Disposed Denied with Justice not sitting. 02/15/2005 Case forwarded to Court 02/09/2005 Motion for Rehearing - Filed 01/21/2005 Petition for Review disposed proceeding denied 01/21/2005 Petition for Review disposed proceeding denied 12/07/2004 Case forwarded to Court 12/07/2004 Case forwarded to Court 12/03/2004 Response to Petition for Review filed 11/17/2004 Petition for Review filed 11/17/2004 Appendix to any instrument 11/17/2004 2ND Petition for Review filed 11/17/2004 Appendix to any instrument 11/17/2004 Notice requesting filing fee Motion for rehearing denied.

Phillips has filed a motion for rehearing asking us to reconsider our affirmance of the trial court's refusal to award prejudgment interest. First, I would request a response in order to have the benefit of full briefing on the issue. Based upon the issue as presented, however, I am inclined to agree that we have erred in relying upon the authority of two Fort Worth cases, one of which was reversed. See Citizens Nat'l Bank v. Allen RaeInvs., Inc., 142 S.W.3d 459, 486-488 (Tex.App.-Fort Worth, 2004, no pet. h.); Miga v. Jensen, 25 S.W.3d 370, 381 (Tex.App.-Fort Worth 2000), aff'd in part on other grounds rev'd in part,96 S.W.3d 207, 217 (Tex. 2002).

Accordingly, I respectfully dissent to the Court's denial of the motion for rehearing.

dissenting

on motion for rehearing.

Phillips has filed a motion for rehearing asking us to reconsider our affirmance of the trial court’s refusal to award prejudgment interest. First, I would request a response in order to have the benefit of full briefing on the issue. Based upon the issue as presented, however, I am inclined to agree that we have erred in relying upon the authority of two Fort Worth cases, one of which was reversed. See Citizens Nat’l Bank v. Allen Rae Invs., Inc., 142 S.W.3d 459, 486-488 (Tex.App.Fort Worth, 2004, no pet. h.); Miga v. Jensen, 25 S.W.3d 370, 381 (Tex.App.-Fort Worth 2000), aff'd in part on other grounds & rev’d in part, 96 S.W.3d 207, 217 (Tex. 2002).

Accordingly, I respectfully dissent to the Court’s denial of the motion for rehearing.