Bellingham Enterprises, LLC v. Colby Constructors, LLC Travis County Commissioners Court Andy Brown in His Official Capacity as County Judge Margaret Gómez in Her Official Capacity as County Commissioner Ann Howard in Her Official Capacity as County Commissioner Brigid Shea in Her Official Capacity as County Commissioner And Jeff Travillion in His Official Capacity as County Commissioner ( 2023 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN JUDGMENT RENDERED MARCH 9, 2023 NO. 03-22-00233-CV Bellingham Enterprises, LLC, Appellant v. Colby Constructors, LLC; Travis County Commissioners Court; Andy Brown in his Official Capacity as County Judge; Margaret Gómez in her Official Capacity as County Commissioner; Ann Howard in her Official Capacity as County Commissioner; Brigid Shea in her Official Capacity as County Commissioner; and Jeff Travillion in his Official Capacity as County Commissioner, Appellees APPEAL FROM THE 98TH DISTRICT COURT OF TRAVIS COUNTY BEFORE JUSTICES GOODWIN, BAKER, AND KELLY MODIFIED AND, AS MODIFIED, AFFIRMED ON MOTION FOR REHEARING -- OPINION BY JUSTICE KELLY JUSTICE GOODWIN NOT PARTICIPATING We withdraw our opinion and judgment dated October 13, 2022, and substitute the following in their place. This is an appeal from the final orders signed by the trial court on April 1, 2022. Having reviewed the record and the parties’ arguments, the Court holds that there was no reversible error in the orders, but that there was error requiring correction. Therefore, the Court modifies the trial court’s orders to delete the phrase “with prejudice” and substitute in its place the phrase “without prejudice.” The Court affirms the trial court’s final orders, as modified. Appellant shall pay all costs relating to this appeal, both in this Court and in the court below.