NO. 07-04-0582-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL C

APRIL 12, 2006

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GARY O. GARDNER, BEULAH DARLENE GARDNER, HOLLISTER GARDNER, APPELLANTS

V.

LARRY PICKARD STEWART, SHERIFF OF SWISHER COUNTY, TEXAS; HONORABLE ED SELF, ACTING AS SWISHER COUNTY JUDGE IN CAUSE NO. 1795, APPELLEES

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FROM THE 64^TH DISTRICT COURT OF SWISHER COUNTY;

NO. A10362-02-10; HONORABLE JACK D. YOUNG, JUDGE

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Before QUINN, C.J., and REAVIS and HANCOCK, JJ.

ON MOTION FOR REHEARING

Remaining convinced that our original disposition was correct, we overrule the motion for rehearing of Gary O. Gardner, Beulah Darlene Gardner, and Hollister Gardner, with these additional comments.

The Gardners allege error in our decision based upon our consideration of the jurisdiction question because it was not raised by Sheriff Stewart and Judge Self. However, they overlook our holding that we did not have jurisdiction to address the issues, and references in our January 14, 2004, Memorandum Opinion on Motion for Rehearing in Cause No. 07-02-0513-CV, to section 65.023 of the Texas Civil Practice and Remedies Code Annotated (Vernon 1997), and to Burton v. Cantu, 960 S.W.2d 91, 95 (Tex.App.-Corpus Christi 1997, no writ).

Accordingly, the Gardners' motion for rehearing is overruled.

Don H. Reavis

Justice