TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

ON MOTION FOR REHEARING

NO. 03-07-00689-CV

Crandall Medical Consulting Services, Inc., Appellant

v.

John A. Harrell, Appellee

FROM THE DISTRICT COURT OF COMAL COUNTY, 274TH JUDICIAL DISTRICT

NO. C2007-0109C, HONORABLE JACK H. ROBISON, JUDGE PRESIDING

D I S S E N T I N G O P I N I O N

For the reasons stated in my dissent to the panel's original opinion, see Crandall Med. Consulting Servs., Inc. v. Harrell, No. 03-07-00689-CV, 2009 Tex. App. LEXIS 868, at *29-36 (Tex. App.--Austin Feb. 5, 2009, no pet. h.) (mem. op.) (Waldrop, J., dissenting), I would grant Appellant's Motion for Rehearing, and would reverse the judgment of the district court and remand for further proceedings.

__________________________________________

G. Alan Waldrop, Justice

Before Justices Patterson, Waldrop and Henson

Filed: March 4, 2009