overruling an application for rehearing when it was "simply an earnest reiteration of the appellant's original brief"
How later courts described this case
- overruling an application for rehearing when it was "simply an earnest reiteration of the appellant's original brief"
Written by the judges who cited it.
The opinion
On original submission this case was assigned to and decided by the Houston Division rather than the Maddox Division which I then occupied. The application for rehearing is simply an earnest reiteration of the appellant's original brief. The application for rehearing presents no new factual or legal insight. While I express no opinion on the correctness of the original decision, I concur to overrule the application for rehearing because I doubt the wisdom of revisiting a decision on rehearing for no better reason than the possibly different views of a different set of Justices reviewing the same case on the same legal and factual arguments.