NUMBER 13-02-00657-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

ROGER GERDES, JR. AND CAROLYN GERDES,                   Appellants,

v.

JOHN KENNAMER,                                                                       Appellee.

On appeal from the 23rd District Court of Matagorda County, Texas.

CONCURRING OPINION

Before Justices Hinojosa, Yañez, and Castillo

Concurring Opinion by Justice Hinojosa

          I concur with the disposition and reasoning of Justice Castillo’s majority opinion. However, I disagree with Justice Castillo’s recommendation that the majority opinion be designated a “memorandum opinion.” Because I oppose the designation of the majority opinion as a “memorandum opinion,” I also concur with that part of Justice Yañez’s dissenting opinion entitled “Designation of Opinion.” See Tex. R. App. P. 47.4 (Opinion may not be designated memorandum opinion if author of concurrence or dissent opposes that designation).

                                                                           FEDERICO G. HINOJOSA

                                                                           Justice

Concurring Opinion delivered and filed this

the 6th day of December, 2004.