Reversed and Remanded in Part, Reversed and Rendered in Part, and Majority and Dissenting Opinions filed June 15, 2010.

In The

Fourteenth Court of Appeals

___________________

NO. 14-09-00161-CV

___________________

FORT BEND COUNTY TOLL ROAD AUTHORITY, Appellant

V.

ZULEIMA OLIVARES, INDIVIDUALLY AND AS THE REPRESENTATIVE OF THE ESTATE OF PEDRO OLIVARES, JR., AND PEDRO OLIVARES, INDIVIDUALLY, Appellees

On Appeal from the 334th District Court

Harris County, Texas

Trial Court Cause No. 2008-19417

D I S S E N T I N G   O P I N I O N

We have this same day issued a majority and dissenting opinion in the companion case of Texas Department of Transportation v. Zuleima Olivares, et al., ___ S.W.3d ___, (Tex. App.―Houston [14th Dist.] 2010).  For the same reasons articulated in my dissenting opinion in that case, I cannot join my colleagues in this case.  Accordingly, I must respectfully dissent.

                                                                        /s/        J. Harvey Hudson

                                                                                    Senior Justice

Panel consists of Chief Justice Hedges, Justice Seymore, and Senior Justice Hudson.*