Equitable General Insurance Co. of Texas v. Yates

McGEE, Justice.

This is an appeal from a summary judgment rendered in favor of petitioner, Equitable General Insurance Company of Texas, against respondent, Thomas Yates. The issue presented is whether the trial court abused its discretion in granting Yates’ motion for new trial conditioned upon the payment of $500 by Yates to opposing counsel for their attorney’s fees. The court of appeals held that the trial court had no authority to grant a motion for new trial based on such a condition and that the subsequent final order overruling Yates’ motion for new trial, based on his failure to pay…