Opinion
No. 05-0693.
May 5, 2006.
On Petition for Review from the Court of Appeals for the First District of Texas.
L. Boyd Smith Jr., Jennifer H. Davidow, Vinson Elkins L.L.P., Houston, for Petitioner.
James E. Doyle, Michael David Schimek, N. Kimberly Bohannon, Michael P. Doyle, Doyle, Restrepo, Harvin Robbins, L.L.P., Houston, for Respondent.
The petition for review is granted. Without reference to the merits, the court of appeals' judgment, 177 S.W.3d 255, is vacated and the case is remanded to the court of appeals for further consideration in light of our decision in Diversicare General Partner, Inc. v. Rubio, 185 S.W.3d 842 (Tex. 2005). See TEX. R. APP. P. 59.1, 60.2(f).