Motion Granted in Part and Order filed January 8, 2019.

In The Fourteenth Court of Appeals NO. 14-17-00670-CV HAMILTON METALS, INC., Appellant V. GLOBAL METAL SERVICES, LTD., Appellee On Appeal from the 11th District Court Harris County, Texas Trial Court Cause No. 2016-32078

ORDER On December 11, 2018, appellee Global Metal Services, Ltd. filed a Motion for Rehearing. We grant the part of this motion in which Global asks this court to grant rehearing and to set aside the prior opinion and judgment in this case.

Therefore, we GRANT R E H E A RI NG , VACATE the Judgment rendered i n t h i s c a s e on Nove mb e r 27 , 2018 , ORDER that the Opinion issued in this case on Nove mb e r 27 , 2018 be WITHDRAWN, and ORDER that this case be resubmitted to a panel of this court consisting of Chief Justice Frost, and Justices Wise and Zimmerer, without oral argument and without rebriefing.

PER CURIAM

Panel consists of Chief Justice Frost and Justice Wise.1

Justice Busby was assigned to the panel for this case and joined the court’s opinion and judgment of N o v e m b e r 2 7 , 2018. Though Justice Busby is no longer a justice on the Fourteenth Court of Appeals, “[a] motion for rehearing may be granted by a majority of the justices who participated in the decision of the case.” Tex. R. App. P. 49.3.