ON MOTION FOR REHEARING

APPELLANTS

TEXAS COMMERCE BANK--AUSTIN, N.A.,

APPELLEE

PER CURIAM

In its motion for rehearing the Bank contends in point six that this Court erred in reversing the district court's directed verdict because the Evans' claims were barred by limitations. We disagree. It is true that the district court granted a directed verdict without specifying the grounds for its decision. An examination of the final judgment reveals, however, that limitations was not the basis of the directed verdict because the district court rendered a take-nothing judgment on the merits against the Evans rather than dismiss their claims. The Bank has not attacked the district court's final judgment by cross-point to preserve its contention that the Evans' claims were barred by limitations and we will not consider this argument on appeal. We overrule all of the Bank's points of error on rehearing.

The motion for rehearing is overruled.

[Before Chief Justice Carroll, Justices Aboussie and B. A. Smith]

Motion for Rehearing Overruled

Filed: October __, 1992

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