IN THE

TENTH COURT OF APPEALS

No. 10-04-00112-CV

Julia P. Diaz, Individually and AS

Representative of the Estate of

Juan Diaz, Michael Brashear and

Deborah Stayton,  Individually

and AS Representatives of the

Estate of Patrick Brashear, AND

Bernardo Diaz,  Individually and

AS Representative of the Estate

of JaUn Diaz,

                                                                      Appellants

 v.

Ellis County, Texas,

                                                                      Appellee

From the 40th District Court

Ellis County, Texas

Trial Court No. 66466

           Appellee’s motion for rehearing is denied.  The opinion and judgment dated April, 6 2005 are withdrawn, and the opinion and judgment of even date herewith are substituted therefor.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Order issued and filed September 14, 2005

[CR25]