Builders Transport, Inc. ("BTI") v. Grice-Smith, Loretta Yvette, Individually, and as the Representative of the Estate of Roy Cell Smith, Jr., Deceased, et al.--Appeal from 165th District Court of Harris County

IN THE

TENTH COURT OF APPEALS

No. 10-01-00130-CV

Builders Transport, Inc. ("BTI"),

Appellant

v.

Grice-Smith, Loretta Yvette,

Individually, and as Representative

of the Estate of Roy Cell Smith, Jr.,

Deceased, et al.,

Appellees

From the 165th District Court

Harris County, Texas

Trial Court No. 96-58924

dissenting opinion ON REHEARING

Nothing about the Opinion on Rehearing issued today alters the analysis of my dissenting opinion of March 9, 2005. That dissenting opinion has not been withdrawn. Therefore, the dissenting opinion applies with equal force to the judgment issued today.[1]

TOM GRAY

Chief Justice

Dissenting opinion issued and filed May 25, 2005

[1] I agree that if there is to be a remand, the entire case, including the case against Landry, must be remanded.