OPINION ON REHEARING
Opinion by Justice MORRIS.
This appeal was submitted before this Court on September 9, 2008. During the pendency of the appeal, and without informing this Court, appellant Jay Sandon Cooper filed for bankruptcy protection in the United States Bankruptcy Court for the Eastern District of Texas. This Court issued its original opinion and judgment in the above referenced matter on December 1, 2008. See Cooper v. Cochran,
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