TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

ON MOTION FOR RECONSIDERATION EN BANC

NO. 03-07-00728-CV

Twigland Fashions, Ltd., Appellant

v.

Nemia Miller, Appellee

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

NO. D-1-GN-06-002877, HONORABLE STEPHEN YELENOSKY, JUDGE PRESIDING

PER CURIAM

The appellee Nemia Miller has filed a motion for reconsideration en banc. The motion is denied.

It is ordered October 22, 2010.

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

Concurring Opinion by Chief Justice Jones;

Dissenting Opinion by Justice Henson, joined by Justice Patterson