Northern Law Firm, P.C. and Van W. Northern, Individually v. Yellow Book Sales and Distribution Company, Inc.--Appeal from County Court at Law No 1 of Potter County (majority)

Annotate this Case
Download PDF
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. 2