Affirmed and Supplemental Opinion filed December 23, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-02-01053-CV

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ROBERT RASMUSSON, Appellant

V.

LBC PETROUNITED, INC., Appellee

On Appeal from the 269th District Court

Harris County, Texas

Trial Court Cause No.  00-54026

S U P P L E M E N T A L   O P I N I O N

Following the issuance of our original opinion, reversing the costs awarded by the trial court=s judgment, appellee, LBC PetroUnited, Inc., timely filed a voluntary remittitur of those costs.  See Tex. R. App. P. 46.5.  We conclude that LBC=s voluntary remittitur cures the reversible error and accept it.  Accordingly, we reform the judgment to remove the award of costs and affirm the judgment in accordance with the remittitur.  See id. 

/s/        Richard H. Edelman

Justice

Judgment rendered and Supplemental Opinion filed December 23, 2003.

Panel consists of Justices Edelman, Frost, and Guzman.