Shawn Hudson v. City of Houston

Our opinion in this cause issued on August 10, 2010. Appellant, Shawn Hudson, timely filed a motion for en banc reconsideration, which serves to maintain our plenary power over the appeal. See Tex. R. App. P. 19.1(b); see also City of San Antonio v. Hartman, 201 S.W.3d 667, 670-71 (Tex. 2006). We now sua sponte withdraw our August 10, 2010 opinion and judgment and issue this opinion and judgment in their stead. See Univ. of Tex. Health Sci. Ctr. at Houston v. Gutierrez, 237 S.W.3d 869, 870 (Tex. App.–Houston [1st Dist.] 2007, pet. denied). Nonetheless, our disposition remains unchanged. Hudson’s motion for en banc reconsideration is rendered moot by our withdrawing and reissuing our opinion. See Kennamer v. Estate of Noblitt, No. 01-08-00134-CV, 2009 WL 2382135, *1 (Tex. App.–Houston [1st Dist.] July 24, 2009, pet. denied).

In this appeal, Hudson challenges the trial court’s order granting appellee, City of Houston’s motion for summary judgment and denying Hudson’s motion for partial summary judgment. At issue in this case is whether the City breached a duty to its employee, Gilda Green, to defend and to indemnify Green in an earlier tort suit brought by Hudson against Green. Hudson alleges that Green assigned to Hudson Green’s rights to bring the underlying Stowers and indemnity action against the City, which is self-insured. On appeal, Hudson raises eight issues challenging the trial court’s summary judgment rulings.