concurring.
In the past we have had so few opinions withdrawn that no particular problems were created if the opinions were withdrawn by an order separate from the new opinions being issued. The problem is that over the past year we have withdrawn numerous opinions, with and without motions for rehearing, and when on motion for rehearing, with and without requesting responses. Issuing multiple opinions in the same appeal creates confusion. A person can hold in their hands two opinions from this Court, both certified by the clerk as authentic, which are not the same. Our past practice has been that the latter normally does not reference the existence of the earlier opinion that is being withdrawn.
Our past practice did not present a problem when the issuance of another opinion in the same case was rarely done. At least the problem was manageable. But due to the greatly increased frequency of the majority issuing multiple opinions, I thought it was an appropriate time to adopt the procedure utilized by the Texas Supreme Court; to include the order, and explanation if needed, withdrawing the pri- or opinion as the first paragraph of the new opinion. See e.g., Crown Life Ins. Co. v. Casteel, 22 S.W.3d 378, 381 (Tex.2000).
This is a simple procedure for the convenience of anyone reading the opinions to understand, and easily determine which opinion is the Court’s final opinion. This process also allows a researcher, interested in the ultimate disposition, to easily track backwards, if necessary, to see the development of the final opinion. Because the majority refuses to provide that information in its opinion, I do so in this concurring opinion.
Prior History of This Appeal
Appellee’s Motion for rehearing is granted. The Court’s opinion vacating the trial court’s judgment and dismissing the case for want of jurisdiction, and Chief Justice Gray’s dissenting opinion, all dated November 10, 2004, are withdrawn and the Court’s opinion, Chief Justice Gray’s concurring opinion, and the judgment of this date are substituted therefore.
Conclusion
With these comments regarding the history of this appeal, I concur in the Court’s new opinion.