TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

ON MOTION FOR RECONSIDERATION EN BANC

NO. 03-06-00208-CV

Shelly Frank, as Beneficiary of Eric Frank, Deceased, Appellant

v.

Liberty Insurance Corporation, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 53RD JUDICIAL DISTRICT

NO. D-1-GN-05-001135, HONORABLE MARGARET A. COOPER, JUDGE PRESIDING

For the reasons expressed in my dissenting opinion to this Court's original disposition of this case, I respectfully dissent from the denial of appellee's motion for reconsideration en banc. See Frank v. Liberty Ins. Co., No. 03-06-00208-CV, 2008 Tex. App. LEXIS 2632 (Tex. App.--Austin Apr. 11, 2008) (Waldrop, J., dissenting).

___________________________________________

G. Alan Waldrop, Justice

Joined by Justice Puryear

Filed: May 16, 2008