Opinion issued September 4, 2003

In The

Court of Appeals

For The

First District of Texas

NO. 01-01-00826-CV

WESTTEX 66 PIPELINE CO., Appellant

V.

MAYLEE O. BALTZELL, INDIVIDUALLY AND AS TRUSTEE OF THE GEORGE N. JENKS LIVING TRUST; SALLY M. BARBARICH, AS TRUSTEE OF THE GEORGE N. JENKS LIVING TRUST; EDGAR R. JENKS, INDIVIDUALLY AND AS TRUSTEE OF THE GEORGE N. JENKS LIVING TRUST; GEORGE B. JENKS; AND MOLLY E. JONES, Appellees

On Appeal from the County Court At Law No. 2 and Probate Court

Brazoria County, Texas

Trial Court Cause No. 24,427G

SUPPLEMENTAL MEMORANDUM OPINION

          On July 17, 2003, this Court issued its corrected memorandum opinion providing that if the Jenkses filed a remittitur of $149,392 with the Clerk of this Court by July 31, 2003, we would reform the trial court’s judgment and, as reformed, affirm. Otherwise, we would reverse the trial court’s judgment and remand the cause to the trial court. The Jenkses have not filed a remittitur. Accordingly, the judgment of the trial court is reversed and the cause remanded for further proceedings. Tex. R. App. P. 46.3.

                                                             Laura Carter Higley

                                                             Justice

Panel consists of Justices Taft, Keyes, and Higley.