Opinion
No. 04-16-00590-CV
06-06-2017
This proceeding arises out of Cause No. 13-06-12009-DCVAJA, styled Elvia Munoz et al v. D.G.J. Transport Inc., and The Goodyear Tire and Rubber Co., pending in the 365th Judicial District Court, Dimmit County, Texas, the Honorable Amado J. Abascal, III presiding.
ORDER
Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice2 Irene Rios, Justice2
Dissents to the denial of the motion for en banc reconsideration without requesting a response. See TEX. R. APP. P. 49.2.
I vote to deny the motion for en banc reconsideration because Plaintiffs' Request for Production No. 6, see TEX. R. CIV. P. 196.3, was in fact a request for entry upon property, see id. R. 196.7, and the Plaintiffs did not meet their burden under Rule 196.7.
The court has considered the Motion for Rehearing and En Banc Reconsideration filed on behalf of the real parties in interest on May 11, 2017, and the motion is DENIED.
It is so ORDERED on June 6, 2017.
/s/_________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 6th day of June, 2017.
/s/_________
Luz Estrada
Chief Deputy Clerk