COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS TEXAS DEPARTMENT OF § TRANSPORTATION, No. 08-17-00047-CV § Appellant, Appeal from the § v. 171st District Court § of El Paso County, Texas GENARO FLORES, § (TC# 2014-DCV1263) Appellee. §

JUDGMENT The Court has considered this cause on the record and concludes there was error in the trial court’s judgment granting Appellee the right to execute. We therefore modify the trial court’s judgment to excise the language in the judgment granting Appellee the right to execute. The judgment, as modified, is affirmed. We further order that Appellee recover from Appellant and its sureties, if any, all costs both in this Court and the court below. See TEX. R. APP. P. 43.5. This decision shall be certified below for observance.

IT IS SO ORDERED THIS 15TH DAY OF MAY, 2019.

GINA M. PALAFOX, Justice Before McClure, C.J., Rodriguez, and Palafox, JJ.