COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

RUSH TRUCK CENTERS OF TEXAS, L.P. § d/b/a RUSH ENTERPRISES, INC., a/k/a No. 08-22-00226-CV RUSH TRUCK CENTER-EL PASO, § Appeal from the Appellant, § 448th Judicial District Court v. § of El Paso County, Texas ROSARIO Y. MENDOZA, Individually and § on Behalf of the Estate of MARCO A. (TC# 2022DCV0350) HOYOS MARTINEZ, § Appellee. § JUDGMENT The Court has considered this cause on the record and concludes there was error in the judgment. We therefore reverse the judgment of the court below in accordance with this Court’s opinion. We further order that Appellant recover from Appellee all costs of this appeal, for which let execution issue. This decision shall be certified below for observance.

IT IS SO ORDERED THIS 1ST DAY OF SEPTEMBER, 2023.

YVONNE T. RODRIGUEZ, Chief Justice Before Rodriguez, C.J., Palafox, and Soto, JJ.

Palafox, J., dissenting