# 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

> Texas Court of Appeals, 3rd District (Austin) · March 9, 2023

URL: https://www.frixlaw.com/law-library/cases/9378946

## Case

- **Court:** Texas Court of Appeals, 3rd District (Austin)
- **Decided:** March 9, 2023
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9378946

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9378946. Public record. Not legal advice.