dissenting on denial of rehearing en banc;
joined by RICKHOFF and GREEN, Justices.I would join in Justice Rickhoff’s dissenting opinion and write separately to stress my concern that the Texas Rules of Appellate Procedure be interpreted liberally, as mandated by Rule 1 of the Texas Rules of Civil Procedure and, with particular reference to Rule 45, Tex.R.App.P., by Lawyers Lloyds of Texas v. Webb, 137 Tex. 107, 152 S.W.2d 1096,1098 (1941). In my view, the majority’s opinion ignores this tenet of liberal construction and indeed strains to defeat rather than preserve Texaco’s right to appeal by writ of *866error. I therefore respectfully dissent the court’s denial of rehearing en banc.