No Justices? No Rehearing.

Turnover in the Fifth Court at the start of 2019 created optimism about motions for rehearing. For panels where two Justices changed, that optimism may be misplaced in light of Tex. R. App. P. 49.3: “A motion for rehearing may be granted by a majority of the justices who participated in the decision of the case. Otherwise, it must be denied.” E.g., Apex Fin. Corp. v. Loan Care, No. 05-17-00855-CV (Jan. 11, 2019).