11th Court of Appeals

                                                                  Eastland, Texas

                                                                        Opinion

Danny J. Hawk and Mitchell R. Henson

Appellants

Vs.                   No. 11-02-00097-CV B Appeal from Dallas County

E.K. Arledge, Inc.; Cynthia Diane Arledge Robertson;

and Founders National BankBSkillman

Appellees

                                                           On Motion for Rehearing

In our original opinion, we held that the trial court erred in awarding attorney=s fees to appellees.  In their motion for rehearing, appellants claim that, if the attorney=s fees are not recoverable by E.K. Arledge, Inc., then neither are the expenses awarded to it.  The trial court segregated the awards in its order.  We note that, while it could be said that the complaint which appellants make regarding expenses is made for the first time on motion for rehearing, we believe that the argument regarding expenses is a question which is fairly included in the original issue and, therefore, is not waived.  See TEX.R.APP.P. 38.1(e).  Furthermore, just as the attorney=s fees were not allowable for the reasons stated in our original opinion, neither are the expenses awarded by the trial court to Arledge.

We have considered all of appellants= remaining arguments on motion for rehearing, and they are overruled.

The motion for rehearing is granted in part and overruled in part.

Our opinion and judgment are amended to omit the $14,316.93 award of expenses to Arledge.

May 1, 2003                                                                            JIM R. WRIGHT

Panel consists of: Arnot, C.J., and                                             JUSTICE

Wright, J., and McCall, J.