Coastal Plains Development Corp. v. Micrea, Inc.

ON MOTION FOR REHEARING

On motion for rehearing it was called to our attention that our judgment did not take into account a separate portion of the trial court’s judgment from which no appeal had been prosecuted. At trial Coastal Plains Development Corporation and Charles L. DuCroz prosecuted a cross-action against Micrea, Inc., and Jack Adler for an alleged breach of the contract in question. The trial court rendered judgment on the jury verdict that Coastal Plains and DuCroz take nothing on their cross-action. No appeal was taken from that portion of the trial court’s judgment, and this Court did not intend to reverse that portion of the trial court’s judgment.

For the limited purpose of correcting our judgment in this respect, Micrea’s motion for rehearing is granted, and the judgment of this Court embodied in the last paragraph of our opinion of April 26, 1978, is changed to read as follows:

That portion of this cause consisting of a cross-action by Coastal Plains Development Corporation and Charles L. DuCroz against Micrea, Inc., and Jack Adler, and the judgment of the trial court that Coastal Plains and DuCroz take nothing against Micrea and Adler, is severed from *290Micrea’s original cause of action against Coastal Plains and Charles L. DuCroz. As to the remaining cause of action, the judgments of the courts below are reversed and judgment is here rendered that Micrea, Inc., take nothing in its action against Coastal Plains and Charles L. DuCroz. Rule 503, Tex.R.Civ.P.

In all other respects, Micrea’s motion for rehearing is overruled.