En banc article
I coauthored “Goldilocks and the Three Outcomes: Civil En Banc Review in the Dallas Court of Appeals, 2001-18” in the Appellate Advocate, the journal of the State Bar Appellate Section. It concludes:
That sixth case was reversed by the Texas Supreme Court in St. John Missionary Baptist Church v. Flakes, 595 S.W.3d 211 (Tex. 2020) — whether it is a “big splash” or “successful failure” can be debated, but either way, it is no longer precedential despite the involvement of the full court.