TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED APRIL 11, 2014

NO. 03-12-00579-CV

Appellant, Robert Kinney// Cross-Appellants, BCG Attorney Search, Inc.; and Professional Authority, Inc. d/b/a Legal Authority v. Appellees, BCG Attorney Search, Inc.; and Professional Authority, Inc. d/b/a Legal Authority// Cross-Appellee, Robert Kinney

APPEAL FROM THE 353RD DISTRICT COURT OF TRAVIS COUNTY BEFORE CHIEF JUSTICE JONES, JUSTICES GOODWIN AND FIELD AFFIRMED IN PART; REVERSED AND DISMISSED IN PART ON MOTION FOR REHEARING-- OPINION BY JUSTICE GOODWIN

THIS CAUSE came on to be heard on motion for rehearing. The opinion and judgment dated August 21, 2013, are withdrawn, and this opinion and judgment are substituted in their places. It is the opinion of this Court that there was no error in the trial court’s judgment EXCEPT for the portion of the trial court’s order denying Kinney’s motion to dismiss as to BCG Attorney Search, Inc., and Professional Authority, Inc. d/b/a/ Legal Authority’s breach of contract and breach of fiduciary duty claims: IT IS THEREFORE considered, adjudged and ordered that the portion of the trial court’s order denying Kinney’s motion to dismiss as to BCG Attorney Search, Inc., and Professional Authority, Inc. d/b/a/ Legal Authority’s breach of contract and breach of fiduciary duty claims is reversed, and judgment is rendered dismissing those claims. We affirm the trial court’s order in all other respects. It is FURTHER ordered that the appellees pay all costs relating to this appeal, both in this Court and the court below; and that this decision be certified below for observance.