(concurring in the result as to case no. 1110458).
I concur in the result as to case no. 1110458, and I agree with Justice Main’s special writing insofar as it addresses case no. 1110458. However, because I was a judge on the Court of Civil Appeals when it decided the underlying case, I have re-cused myself from consideration of case no. 1110373; therefore, insofar as that case is concerned, I am unable to comment on the main opinion or to join Justice Main’s special writing.