Victore Insurance Co. v. City of Bowie

OPINION ON REHEARING

CAYCE, Chief Justice.

I.Introduction

We grant Victore Insurance Company’s motion for rehearing, withdraw our opinion and judgment of March 9, 2000, and substitute this opinion and judgment.

The primary issue we must decide in this appeal is whether Diamondback Construction, Inc., a public work contractor, acquired a property interest in the final payment due under its public work contract with the City of Bowie, Texas even though Diamondback failed to pay all costs necessary to complete the contract. Because we hold Diamondback did not acquire a property interest in the…