11TH COURT OF APPEALS EASTLAND, TEXAS JUDGMENT Select Investments, L.L.C., * From the 98th District Court of Travis County, Trial Court No. D-1-GN-09-001649.

Vs. No. 11-11-00278-CV * November 14, 2013 Rigoberto Lozano; Hugo Adame; * Per Curiam Memorandum Opinion and Lozano, Adame & Garza, LLC, (Hill, dissenting) (Panel consists of: Wright, C.J., Bailey, J., and Hill, sitting by assignment) (Willson, J., not participating) Both the opinion and judgment of this court dated August 1, 2013 and entered in the minutes of this court at Volume 36, page 349 are withdrawn. The opinion and judgment of this court dated November 14, 2013 are substituted therefor.

11TH COURT OF APPEALS EASTLAND, TEXAS JUDGMENT Select Investments, L.L.C., * From the 98th District Court of Travis County, Trial Court No. D-1-GN-09-001649.

Vs. No. 11-11-00278-CV * November 14, 2013 Rigoberto Lozano; Hugo Adame; * Per Curiam Memorandum Opinion and Lozano, Adame & Garza, LLC, (Hill, dissenting) (Panel consists of: Wright, C.J., Bailey, J., and Hill, sitting by assignment) (Willson, J., not participating) This court has inspected the record in this cause and concludes that there is error in the judgment below. Therefore, in accordance with this court’s opinion, the judgment of the trial court is reversed and the cause is remanded. The costs incurred by reason of this appeal are taxed three-fourths against Select Investments, L.L.C. and one-fourth against Rigoberto Lozano; Hugo Adame; and Lozano, Adame & Garza, LLC.