Opinion issued May 19, 2011

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00106-CV

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Certified EMS, Inc. d/b/a CPnS Staffing, Appellant

V.

Cherie Potts, Appellee

On Appeal from the 270th District Court

Harris County, Texas

CONCURRING OPINION ON REHEARING

          I join the majority opinion.  I write separately to respond to Certified EMS’s arguments on rehearing that this Court’s opinion in the instant case conflicts with our opinion in University of Texas Medical Branch v. Railsback, 259 S.W.3d 860, 864 (Tex. App.—Houston [1st Dist.] 2008, no pet.).  As the majority notes, the arguments presented in this case were not presented in Railsback.  However, to the extent Railsback contains language conflicting with today’s holding, I would disavow such language. 

                                                                   Terry Jennings

                                                                   Justice

Panel consists of Justices Jennings, Alcala, and Sharp.

Justice Jennings, concurring.