In Lohec v. Galveston County Comm'rs Court, 841 S.W.2d 361, 366 n.4, 36 Tex. Sup. Ct. J. 199 (Tex. 1992), the supreme court stated: Our decisions operate retroactively unless this court exercises its discretion to modify that application. When determining whether to exercise our discretion to modify retroactive application, this court weighs, among other things, considerations of fairness, equity and policy including whether the decision involves an issue of first impression and whether retroactive application could produce substantial inequitable results. Id.