Opinion
No. 01-03-00694-CV.
Order issued April 8, 2004.
Original Proceeding on Petition for Writ of Mandamus.
Panel consists of Chief Justice RADACK and Justices ALCALA and HIGLEY.
MEMORANDUM ORDER ON MOTION FOR REHEARING
On October 3, 2003, relator John W. Mitchell filed a motion for rehearing.
Without reaching the merits, we grant the motion for rehearing, vacate our September 4, 2003 order denying Mitchell's petition for a writ of mandamus, and withdraw our September 4, 2003 memorandum opinion. We will consider the merits of Mitchell's motion for rehearing when the companion appeal is submitted. See Mitchell v. Lyders, No. 01-04-00036-CV (Tex. App.-Houston [1st Dist.] transferred in from Fourteenth Ct. App. Jan. 8, 2004).