TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

ON MOTION FOR REHEARING

NO. 03-06-00393-CV

Strata Resources, a Texas Partnership; Steven Bland Epps; and

Charles W. Brandes, Individually, Appellants

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 250TH JUDICIAL DISTRICT

NO. D-1-GV-01-003566, HONORABLE MARGARET A. COOPER, JUDGE PRESIDING

S U P P L E M E N T A L O P I N I O N

The State has filed a motion for rehearing, which we overrule. Conditioned upon our overruling its motion with regard to attorney's fees, the State, in an attempt to cure the reversible error, has voluntarily remitted $7,200 of the $7,500 in attorney's fees awarded in the district court's judgment against Epps, and the entire amount of $7,500 in fees awarded against Strata. See Tex. R. App. P. 46.5. Appellants do not oppose this remittitur. We accept the State's remittitur. Accordingly, we withdraw our judgment dated July 11, 2008, and render judgment (1) that the district court's judgment awarding the State reimbursement from Epps for well-plugging costs is reversed and that the State take nothing on those claims; (2) that the district court's judgment is reformed to award the State $300 in attorney's fees against Epps and no attorney's fees against Strata and, as so reformed, is affirmed; and (3) that the district court's judgment is otherwise affirmed.

_____________________________________________

Bob Pemberton, Justice

Before Justices Patterson, Pemberton and Waldrop

Affirmed in part; Reformed in part and, as Reformed, Affirmed; Reversed and Rendered in part

Filed: September 17, 2008