The opinion and judgment in this cause filed January 23, 2004, are withdrawn and the appeal is reinstated. The district clerk is instructed to immediately prepare and file a supplemental clerk's record containing the notice of appeal filed below on October 9, 2003. Appellant's motion for rehearing is dismissed.

It is ordered February 5, 2004.

__________________________________________

Bob Pemberton, Justice

Before Justices Kidd, Puryear and Pemberton

Do Not Publish