TH Investments, Inc. v. Kirby Inland Marine, L.P.

CORRECTED OPINION

WANDA McKEE FOWLER, Justice.

We originally issued our opinion affirming the trial court’s judgment on January 9, 2007. On Kirby Inland Marine, L.P.,’s unopposed motion to correct the opinion, we withdraw our previous opinion and substitute this corrected opinion in its place. 1

This appeal by a private landowner, TH Investments (“THI”) against the Port of Houston Authority and Kirby Inland Marine, asks us to decide who owns two tracts of property on the Old River and the San Jacinto River. As will be discussed in greater detail below, both rivers are subject to the tides. Three…