Opinion issued October 9, 2003

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-00-00222-CV

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Appellant

V.

UNITED L.P. GAS CORP., TEXAS EASTERN PRODUCTS PIPELINE CORP., AND MEYERS-REYNOLDS & ASSOCIATES, INC., Appellees

* * *

UNITED L.P. GAS CORP., Appellant

V.

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Appellee

* * *

MEYERS-REYNOLDS & ASSOCIATES, INC., Appellant

V.

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Appellee

On Appeal from the 234th District Court

Harris County, Texas

Trial Court Cause No. 95-05990

MEMORANDUM OPINION ON REHEARING

          The Court’s opinion in this cause issued on March 14, 2002. See Nat’l Union Fire Ins. Co. of Pittsburgh, PA v. United L.P. Gas Corp., No. 01-00-00222-CV (Tex. App.—Houston [1st Dist.] Mar. 14, 2002, no pet. h.) (not designated for publication). National Union Fire Insurance Company of Pittsburgh, PA (“National Union”) and Texas Eastern Products Pipeline Corporation (“TEPPCO”) filed motions for rehearing. Before the Court ruled on those rehearing motions, the parties filed a joint motion requesting an abatement of the appellate cause, to allow the parties to pursue meaningful settlement discussions. On July 1, 2002, this Court granted the parties’ joint motion for abatement and abated the appeal. The parties have now advised the Court that they have settled and that the trial court has accepted their settlement agreement. Based on that settlement agreement, National Union, TEPPCO, and United L.P. Gas Corporation (“United”) have filed a joint motion to withdraw portions of the panel’s opinion on original submission, to vacate the related portion of this Court’s judgment, and to render judgment in part. Meyers-Reynolds & Associates, Inc. (“Meyers”), which approved, in form and in substance, the trial court’s order approving and effectuating the settlement agreement, does not oppose National Union, United, and TEPPCO’s joint post-settlement motion.

          The Court rules as follows:

1.The Court lifts the abatement and reinstates the cause.

2.The Court grants the unopposed, post-settlement motion of National Union, United, and TEPPCO.

3.Pursuant to that joint, unopposed motion, the Court withdraws the following portions of its opinion of March 14, 2002:

●Part II. A. (on pages nine to 33 of the opinion),

●Part II. B. (on pages 34 to 45 of the opinion), and

●Part III (on page 48 of the opinion).

4.The Court substitutes the following text for the text hereinabove withdrawn from Part III of its opinion of March 14, 2002:

We reverse that portion of the trial court’s judgment that rendered judgment for United L.P. Gas Corporation and Texas Eastern Products Pipeline Corporation against National Union Fire Insurance Company of Pittsburgh, PA. With respect to that portion of the judgment, and without reaching the merits of United L.P. Gas Corporation and Texas Eastern Products Pipeline Corporation’s claims against National Union Fire Insurance Company of Pittsburgh, PA, we render judgment that United L.P. Gas Corporation and Texas Eastern Products Pipeline Corporation take nothing by way of their claims against National Union Fire Insurance Company of Pittsburgh, PA. We affirm the judgment in all other respects.

5.The Court VACATES, WITHDRAWS, and SETS ASIDE its judgment of March 14, 2002 in this cause and substitutes the judgment issued this day in the prior judgment’s place.

6.All pending rehearing motions are overruled as moot, without regard to the merits.

          It is so ORDERED.

PER CURIAM

Panel consists of Justices Nuchia and Price.

Justice Cohen, who was a member of the panel on original submission in this cause and who retired before the issuance of this rehearing opinion, not participating on rehearing.