25 S.W.3d 932 | Tex. App. | 2000
ORDER
Appellant, Gary Dean Wilson’s, motion for en banc reconsideration is overruled. In accordance with Texas Rules of Appellate Procedure 49.7, the motion was submitted to the en banc court.
The vote of the en banc court on the motion resulted in a five to five tie. Pursuant to Texas Rules of Appellate Procedure 49.7, for a motion for en banc reconsideration to carry, it must receive a favorable vote from a majority of the
It is so ORDERED.
Justices COHEN, MIRABAL, O’CONNOR, and WILSON agree with Justice EVANS’ dissenting opinion.
. "While the court of appeals has plenary jurisdiction, a majority of the en banc court may, with or without a motion, order en banc reconsideration of a panel's decision....” Tex. R. App. P. 49.7.
. The Honorable Frank G. Evans, retired Chief Justice, Court of Appeals, First District of Texas, participating by assignment.