OPINION ON REHEARING
TIM TAFT, Justice.
Appellant, Malcomson Road Utility District ("the District"), has moved for rehearing. So has appellee, Frank George Newsom. We grant the District's rehearing motion, deny Newsom's, withdraw our opinion of June 5, 2003, and substitute this opinion in its stead.
The District appeals from two final judgments that denied its motions for partial
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