TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

ON MOTION FOR REHEARING

NO. 03-11-00067-CV

Ruth Wheeler, Appellant

v.

John Collier Hinson, Appellee

FROM COUNTY COURT AT LAW NO. 1 OF TRAVIS COUNTY

NO. C-1-CV-10-00825, HONORABLE J. DAVID PHILLIPS, JUDGE PRESIDING

Appellant's motion for rehearing is granted. We withdraw the opinion and judgment issued herein on July 13, 2011. Appellant is ordered to file her brief on the merits of the appeal on or before November 10, 2011.

It is so ordered October 11, 2011.

_____________________________________________

J. Woodfin Jones, Chief Justice

Before Chief Justice Jones, Justices Henson and Goodwin