TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

ON MOTION FOR RECONSIDERATION EN BANC

NO. 03-06-00529-CV

American Protection Insurance Company, Appellant

v.

Liana Leordeanu, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 201ST JUDICIAL DISTRICT

NO. D-1-GN-04-001199, HONORABLE MARGARET A. COOPER, JUDGE PRESIDING

O R D E R

PER CURIAM

Liana Leordeanu has filed a motion for rehearing en banc. The motion is denied.

It is ordered February 13, 2009.

Before Chief Justice Jones, Justices Patterson, Puryear, Pemberton, Waldrop and Henson;

Dissenting Opinion by Justice Henson