Chase Bank of Texas, N.A. v. Harris County Water Control & Improvement District 109

OPINION ON REHEARING

HEDGES, Justice.

The motion for rehearing is granted. Our opinion and judgment of October 19, 2000 are withdrawn and the following is substituted in its place.

In our previous opinion, we held that because no reporter’s record was made of the proceedings below, we assumed that the trial judge heard sufficient evidence to make the necessary findings needed to support the judgment. We now find that our opinion was in error, and therefore, reverse and remand for a new trial.

Background

We briefly review the procedural posture of this ease. Appellees, Harris County et al., sued…