Opinion
No. 10-02-266-CV
Delivered and filed September 29, 2004.
Appeal from the 87th District Court, Freestone County, Texas, Trial Court # 00-349-B 00-274-B.
Dissenting Opinion On Motion for Rehearing.
John H. Minton, Jr., Potter Minton, Tyler, TX, for appellant/relator.
Bill Youngkin and D. Lee Alford, Attorneys at Law, Bryan, TX, for appellee/respondent.
Phillips has filed a motion for rehearing asking us to reconsider our affirmance of the trial court's refusal to award prejudgment interest. First, I would request a response in order to have the benefit of full briefing on the issue. Based upon the issue as presented, however, I am inclined to agree that we have erred in relying upon the authority of two Fort Worth cases, one of which was reversed. See Citizens Nat'l Bank v. Allen Rae Invs., Inc., No. 2-02-095-CV, 2004 Tex. App. LEXIS 6395, at *61-*65 (Tex.App.-Fort Worth July 15, 2004, no pet. h.); Miga v. Jensen, 25 S.W.3d 370, 381 (Tex.App.-Fort Worth 2000), aff'd in part on other grounds rev'd in part, 96 S.W.3d 207, 217 (Tex. 2002).
Accordingly, I respectfully dissent to the Court's denial of the motion for rehearing.