Peisner Johnson & Company, L.L.P. v. Eagle Construction and Environmental Services, L.P. ( 2006 )

Opinion filed June 8, 2006

Opinion filed June 8, 2006

                                                                        In The

    Eleventh Court of Appeals

                                                                   __________

                                                          No. 11-05-00226-CV

                                                    __________

                   PEISNER JOHNSON & COMPANY, L.L.P., Appellant

                                                             V.

      EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, L.P.,

        Appellee

                                          On Appeal from the 91st District Court

                                                        Eastland County, Texas

                                             Trial Court Cause No. CV-03-39456

                                             O P I N I O N  O N  R E H E A R I N G

The parties have filed in this court a joint motion for rehearing asking this court to withdraw our opinion and judgment dated May 11, 2006.  The parties further request that this court enter a new judgment based on the parties= settlement agreement that Eagle Construction and Environmental Services, L.P. take nothing and that each party pay its own share of the costs.  The motion is granted.

The opinion and judgment dated May 11, 2006, are withdrawn.  The judgment of the trial court is reversed, and judgment is rendered that Eagle Construction and Environmental Services, L.P. take nothing against Peisner Johnson & Company, L.L.P.

PER CURIAM

June 8, 2006

Panel consists of:  Wright, C.J., and

McCall, J., and Strange, J.