Freightliner Corporation and Ford Motor Company v. Motor Vehicle Board of the Texas Department of Transportation and Metro Ford Truck Sales, Inc.

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-05-00289-CV

Freightliner Corporation and Ford Motor Company, Appellants

v.

Motor Vehicle Board of the Texas Department of Transportation and

Metro Ford Truck Sales, Inc., Appellees

DIRECT APPEAL FROM THE MOTOR VEHICLE BOARD

OF THE TEXAS DEPARTMENT OF TRANSPORTATION

O P I N I O N

In this direct appeal, we consider whether an agency can, on remand after courts have considered and affirmed the agency's decision in part, revisit an issue affirmed by the courts and reverse the original result based on the same record. Based on the procedural history…