Opinion filed February 16, 2006

                                                                        In The

    Eleventh Court of Appeals

                                                                   __________

                                                          No. 11-03-00336-CV

                                                    __________

                                TEXAS MOTO-PLEX, INC., Appellant

                                                             V.

                        JOHN PHELPS AND BRYCE HAWK, Appellees

                                         On Appeal from the 268th District Court

                                                      Fort Bend County, Texas

                                            Trial Court Cause No. 01-CV-122108

                         MEMORANDUM OPINION ON NOTICE OF REMITTITUR

On February 9, 2006, Bryce Hawk filed in this court a notice that he was remitting his punitive damage award from $75,000 to $9,000 in compliance with this court=s opinion of February 2, 2006.  Hawk=s notice of remittitur is accepted.   The judgment of the trial court is modified to reflect that Bryce Hawk recover from Texas Moto-Plex, Inc. punitive damages in the amount of $9,000.  As modified, the judgment of the trial court is affirmed.

TERRY McCALL

February 16, 2006                                                                   JUSTICE

Panel consists of: Wright, C.J., and McCall, J.

W. G. Arnot III retired effective July 31, 2005, and is, therefore, not participating.