Northern Law Firm, P.C. and Van W. Northern, Individually v. Yellow Book Sales and Distribution Company, Inc.
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Opinion
NO. 07-12-0365-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
DECEMBER 20, 2012 ______________________________
NORTHERN LAW FIRM, P.C. AND VAN W. NORTHERN, INDIVIDUALLY, APPELLANTS
V.
YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC., APPELLEE
_________________________________
FROM COUNTY COURT AT LAW NO. 1 OF POTTER COUNTY;
NO. 098953-00-1; HONORABLE W.F. “CORKY” ROBERTS, JUDGE
_______________________________
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
MEMORANDUM OPINION
Appellants, Northern Law Firm, P.C. and Van W. Northern, Individually, filed this
appeal complaining of the trial court’s summary judgment in favor of Appellee, Yellow
Book Sales and Distribution Company, Inc. Pending in this Court is an agreed motion
signed by both parties in which they represent the trial court committed reversible error
by granting summary judgment when a fact issue existed. They request the trial court’s
judgment be reversed and the cause remanded for a new trial. Pursuant to Rule 43.2(d) of the Texas Rules of Appellate Procedure, we grant
the motion. 1 Accordingly, the trial court’s judgment is reversed and the cause is
remanded to the trial court for further proceedings.
Patrick A. Pirtle Justice
1 See also Tex. R. App. P. 42.1 (Notes and Comments) (noting that a new trial may not be ordered by agreement of the parties absent reversible error.
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