Case Number: 10-03-00093-CV 08/17/2006 Case stored in record room 07/28/2006 Mandate issued 06/09/2006 Motion to dismiss disposed Filing dismissed as moot 06/09/2006 Motion for Extension of Time disposed. Filing dismissed as moot 06/09/2006 Petition for Review granted under TRAP 59.1 06/09/2006 Opinion issued ca judgment vacated/cause dismissed 06/09/2006 Court approved judgment sent to attys of record Document issued by the Supreme Court 06/09/2006 Petition for Review disposed petition granted pursuant to TRAP 59.1 03/02/2006 Response to reply 02/21/2006 Reply brief 02/10/2006 Electronic copies of brief posted to website 02/09/2006 Brief filed. 02/01/2006 Case Record Filed 01/26/2006 Record Requested in Petition for Review 01/19/2006 Electronic copies of brief posted to website 01/17/2006 Brief filed. 01/02/2006 Electronic copies of brief posted to website 01/02/2006 Electronic copies of brief posted to website 01/02/2006 Electronic copies of brief posted to website 12/19/2005 Brief on the Merits Requested 11/08/2005 Reply filed 11/08/2005 Response to Motion 10/18/2005 Case forwarded to Court 10/18/2005 M/E/T to file response 10/14/2005 Motion to dismiss filed 10/10/2005 Response to Petition for Review filed 09/07/2005 Petition for Review filed 09/07/2005 Appendix Filed 08/02/2005 Phone call from Clerk's Office 08/02/2005 Call received 08/01/2005 Phone call from Clerk's Office 08/01/2005 M/E/T to file petition for review disposed Granted 07/28/2005 M/E/T to file petition for review filed Rehearing granted, opinion withdrawn.

It is frequently said that the shortest route between two points is a straight line. We have completed that journey in that case. Six months ago, we issued an opinion that fully disposed of this appeal. The motion for rehearing was timely filed to which a response was not requested until five months after the disposition of the case. I am extraordinarily reluctant to withdraw an opinion and judgment of this Court when I have been provided nothing upon which to base that decision. By this, I do not mean that we have not received argument in a motion for rehearing, but rather that we normally do not withdraw an opinion without simultaneously substituting another opinion in its place. *Page 287

I see no reason to withdraw an opinion unless and until we have decided, drafted, and are ready to issue such an opinion, I believe it is ill-advised to withdraw a previously issued opinion which garnered support from a majority of the justices on the court.

Accordingly, I dissent from the Order Granting Rehearing which results in the withdrawal of the opinion and judgment of this Court dated October 13, 2004.