Ford Motor Credit Co. v. First State Bank of Smithville

ON MOTION TO MODIFY

This court’s opinion and judgment of October 3, 1984 are withdrawn. The following opinion is substituted.

This is an appeal from judgment rendered in favor of First State Bank of Smithville, Texas. The trial court held that the Bank’s purchase money security interest had priority over Ford Motor Credit Company’s properly filed financing statement under TEX.BUS. & COM.CODE ANN. § 9.312(c). The court of appeals affirmed. 674 S.W.2d 437. Pursuant to TEX.R.CIV.P. 483, we grant Ford Motor Credit Company’s application for writ of error and motion to modify judgment and, without…