NORTHERN LAW FIRM AND VAN NORTHERN INDIVIDUALLY APPELLANTS v. YELLOW BOOK SALES AND DISTRIBUTION COMPANY INC APPELLEE (2012)

FROM COUNTY COURT AT LAW NO. 1 OF POTTER COUNTY;

NO. 098953–00–1;  HONORABLE W.F. “CORKY” ROBERTS, JUDGE

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.

FOOTNOTES

FN1. 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..  FN1. 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.