The Lynd Company v. RSUI Indemnity Company--Appeal from 407th Judicial District Court of Bexar County (concurring opinion )

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CONCURRING OPINION No. 04-11-00193-CV THE LYND COMPANY, Appellant v. RSUI INDEMNITY COMPANY, Appellee From the 407th Judicial District Court, Bexar County, Texas Trial Court No. 2010-CI-20466 Honorable Karen H. Pozza, Judge Presiding CONCURRING OPINION TO DENIAL OF APPELLEE S MOTION FOR EN BANC RECONSIDERATION Sitting en banc: Catherine Stone, Chief Justice Karen Angelini, Justice Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Concurring opinion by: Dissenting opinion by: Marialyn Barnard, Justice Rebecca Simmons, Justice, joined by Phylis J. Speedlin, Justice and Steven C. Hilbig, Justice Delivered and Filed: December 28, 2012 I vote to deny appellee s motion for en banc reconsideration. However, I believe the dissent s analysis has substantial merit. Therefore, I respectfully invite the Texas Supreme Court to review this court s opinions and resolve this important question affecting Texas jurisprudence. Marialyn Barnard, Justice

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