Alaniz v. Yates Ford, Inc.

OPINION

BUTTS, Justice.

Our previous opinion is withdrawn and replaced by this opinion.

This is an appeal from a summary judgment in,an action for statutory penalties pursuant to the TEX.REV.CIV.STAT.ANN. art. 5069-7.01 et seq. (Vernon 1987). Plaintiff and appellant, Eduardo G. Alaniz sued appellee, Yates Ford, Inc. and Southwest Beneficial Finance, Inc., but subsequently nonsuited his action against Southwest. Only Yates Ford remained as a party defendant. Both plaintiff and defendant moved for summary judgment. The trial court granted summary judgment for Yates Ford and denied the motion of…