Narrative Opinion Summary
The petition for panel rehearing is granted, resulting in the withdrawal of the opinion 542 F.3d 437 (5th Cir. 2008). The case is remanded for further proceedings, specifically in light of the ruling in Kerlin v. Sauceda, 263 S.W.3d 920 (Tex. 2008). The court places no restrictions on the actions the district court may take upon remand and expresses no opinion on the decisions the district court should make concerning Kerlin or any other matters.
Legal Issues Addressed
Discretion of District Court on Remandsubscribe to see similar legal issues
Application: The appellate court imposes no limitations on the district court's actions upon remand and refrains from giving any guidance on future decisions.
Reasoning: The court places no restrictions on the actions the district court may take upon remand and expresses no opinion on the decisions the district court should make concerning Kerlin or any other matters.
Panel Rehearing and Opinion Withdrawalsubscribe to see similar legal issues
Application: The court grants a petition for panel rehearing, leading to the withdrawal of a previously issued opinion.
Reasoning: The petition for panel rehearing is granted, resulting in the withdrawal of the opinion 542 F.3d 437 (5th Cir. 2008).
Remand for Further Proceedingssubscribe to see similar legal issues
Application: The case is sent back to the district court for additional proceedings, particularly in consideration of a related ruling in another case.
Reasoning: The case is remanded for further proceedings, specifically in light of the ruling in Kerlin v. Sauceda, 263 S.W.3d 920 (Tex. 2008).