Form 17H:4 Motion for Rehearing En Banc

{STYLE OF THE CASE IN THE COURT OF APPEALS - FORM 11C:1}

{PARTY}'S MOTION FOR EN BANC REHEARING

{Party} asks the Court to submit the motion for rehearing to the full court for consideration en banc.

A. Introduction

1. Appellant is {name}; appellee is {name}.

2. A panel of the court issued the judgment and opinion in this case on {date}. A copy of the opinion is attached as Exhibit {letter}.

3. The panel that rendered judgment in this case consisted of Justices {name}, {name}, and {name}.

B. Argument & Authorities

4. The Court has the authority to grant this motion and submit the case to the full court, sitting en banc. Tex. R. App. P. 41.2.

5. The primary issue in the appeal was {identify the issue in the appeal that requires en banc consideration}. The panel resolved the issue by holding {state holding on that issue}.

{CHOOSE APPROPRIATE PARAGRAPH 6}

6. The panel's resolution of that issue is contrary to another opinion issued by this Court in {_______ v._______}, {identify citation}. A copy of that opinion is attached as Exhibit {letter}. To resolve the conflict between the opinion in this case and the one in {_______ v._______}, {party} asks the Court to rehear the case en banc. Tex. R. App. P. 41.2(c). {Elaborate on the conflict between the cases.}

6. The issue in this case presents such an extraordinary circumstance that resolution of the issue by the Court en banc is necessary. Tex. R. App. P. 41.2(c). {Elaborate.}

7. Filed with this motion is a copy of the brief, offered on rehearing, which argues the merits of this motion.

C. Conclusion

8. {Briefly summarize the motion.}

D. Prayer

9. For these reasons, {party} asks the Court to grant this motion to rehear the case en banc.