IN THE

TENTH COURT OF APPEALS

No. 10-05-00354-CV

Paul Smith,

                                                                                    Appellant

 v.

Colonial Group, Inc.,

                                                                                    Appellee

From the County Court at Law

Ellis County, Texas

Trial Court No. 03-C-3499

            This cause was submitted after oral argument on May 17, 2006.  During oral argument, Chief Justice Gray recused himself.  During oral argument, and then in a written letter agreement, the parties agreed that the cause could be submitted to Justices Vance and Reyna for a decision.

            However, in response to Chief Justice Gray’s request for the assignment of a qualified person to replace him on the panel and to hear this cause, Chief Justice Jefferson of the Texas Supreme Court appointed the Honorable Stephen Ellis, judge of the 35th District Court in Brown and Mills Counties, to replace Chief Justice Gray on the panel.

            Accordingly, it is ordered that the May 17, 2006 submission is set aside.  This cause will be re-submitted with oral argument before Justice Vance, Justice Reyna, and Judge Ellis on September 6, 2006, at 2:00 o’clock p.m. in the Tenth Court of Appeals Courtroom in Waco.  The time allotted for argument will be limited to 15 minutes for each side, with 5 minutes rebuttal for the side opening the argument.

PER CURIAM

Before Justice Vance,

Justice Reyna, and

Judge Ellis[1]

Submission set aside

Order delivered and filed July 26, 2006

Do not publish