Brown & Brown of Texas, Inc. F/K/A Poe & Brown of Texas, Inc. and Transcontinental Insurance Company v. Omni Metals, Inc.

Opinion issued March 25, 2010










In The

Court of Appeals

For The

First District of Texas





NO. 01-05-01190-CV





BROWN & BROWN OF TEXAS, INC. F/K/A POE & BROWN OF TEXAS, INC. AND TRANSCONTINENTAL INSURANCE COMPANY, Appellants


V.


OMNI METALS, INC., Appellee





On Appeal from the 61st District Court

Harris County, Texas

Trial Court Cause No. 1996-36058A





DISSENTING OPINION ON REHEARING


          While I vote to grant both motions for rehearing, I do not agree with the relief granted by the Court. I, therefore, respectfully dissent from the Court’s judgment for the reasons set out in my December 17, 2009 dissenting opinion on motion for en banc reconsideration.

 

 

                                                             Sam Nuchia

                                                             Justice

Panel consists of Justices Keyes, Higley, and Nuchia.