Theron Belton v. Conagra Poultry Co. and TDCJ-ID--Appeal from 278th District Court of Madison County

IN THE

TENTH COURT OF APPEALS

No. 10-05-00339-CV

Theron Belton,

Appellant

v.

Conagra Poultry Co.,

Appellee

From the 278th District Court

Madison County, Texas

Trial Court No. 01-9649-278-10

ORDER denying rehearing

Appellant has filed a motion for reconsideration, which we will treat as a motion for rehearing. We have received correspondence from the trial court stating that the summary judgment that is the basis for this interlocutory appeal has been set aside.

Appellant s motion for reconsideration is denied.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Motion denied

Order issued and filed January 11, 2006

(Chief Justice Gray would, based on the prior ruling of the majority, simply deny the motion without further commenting on the communication from the trial court which does not appear to have been copied on the parties.)