IN THE

TENTH COURT OF APPEALS

No. 10-98-357-CV

     BARBARA KAY BLAKE BEARD,

                                                                         Appellant

     v.

     BRAMLET FRANK BEARD,

                                                                         Appellee

From the 74th District Court

McLennan County, Texas

Trial Court # 97-1973-3

OPINION DENYING REHEARING

      One of the grounds raised in Barbara Beard’s motion for rehearing concerns our treatment of her sixteenth issue. In this issue, Barbara challenged the court’s appointment of a receiver to sell the marital residence. We overruled this issue as moot because, in our words, “after Barbara perfected this appeal, the holder of the purchase money note on the residence declared a default on the note and foreclosed on the property under the terms of the deed of trust.”

      Barbara does not disagree with our conclusion that this issue was rendered moot by the sale of the residence at foreclosure. However, she advises that another lawsuit is currently pending regarding the propriety of the foreclosure proceedings. According to Barbara, this other litigation directly implicates the issues of who was the lawful “holder” of the note and whether the foreclosure was conducted in accordance with the terms of the deed of trust. We understand her concern to be that our language could be construed as an adjudication of the issues raised in the litigation concerning the propriety of the foreclosure proceedings.

      Accordingly, we note that the above-quoted language from our opinion shall not be construed as an adjudication of the propriety of the foreclosure proceedings. With this clarification, we deny the motion for rehearing.

                                                                   REX D. DAVIS

                                                                   Chief Justice

Before Chief Justice Davis

      Justice Vance and

      Justice Gray

Rehearing denied

Opinion delivered and filed June 27, 2001

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