Tesmec USA, Inc. v. Whittington

OPINION DENYING REHEARING

PER CURIAM.

Appellant Tesmec, Inc. has filed a motion for rehearing in which it asserts three issues: (1) legally insufficient evidence to meet the clear and convincing evidence standard required for a malice finding; (2) legally insufficient evidence to support the jury’s finding of retaliatory discharge; and (3) error in issuing an opinion on the affirmative vote of two justices, thereby obviating potential appellate jurisdiction to the Supreme Court of Texas. We will overrule the motion, discussing only the third issue because it arose at the time our opinion was issued.

On April 26, 2005, under our Internal Administrative Rules, the court adopted “Procedures for Internal Deadlines for Approval of Opinions and Orders” (“Procedures”), which are Attachment “A” and which became effective on May 2, 2005. Following the Procedures, the opinion was issued on January 25, 2006, just over nine weeks after it was placed in circulation on November 22, 2005.

The motion for rehearing is denied.

GRAY, C.J., dissents.