Sue Walston v. James H. Stewart and Jim Stewart, Realtors, Inc.--Appeal from 19th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-05-00135-CV

Sue Walston,

Appellant

v.

James H. Stewart

and Jim Stewart, Realtors, Inc.,

Appellees

From the 19th District Court

McLennan County, Texas

Trial Court No. 2004-4291-4

order denying rehearing and RULE 45 ORDER

On November 16, 2005, the Court issued its memorandum opinion affirming the trial court s summary judgment. Appellant s motion for rehearing, filed December 2, 2005, is denied.

The Court has determined that this appeal is frivolous but has determined not to impose sanctions. See Tex. R. App. P. 45.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

(Chief Justice Gray dissenting)

Order issued and filed January 18, 2006