EQUITABLE GENERAL INS. CO. OF TEXAS v. YATES

No. C-3210.

684 S.W.2d 669 (1984)

EQUITABLE GENERAL INSURANCE COMPANY OF TEXAS, Petitioner, v. Thomas YATES, Respondent.

Supreme Court of Texas.

Rehearing Denied February 20, 1985.


Attorney(s) appearing for the Case

Hudgins, Hudgins, Warrick & Mattingly, Jeffrey H. Marsh, Houston, for petitioner.

James W. Patterson, Houston, for respondent.


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...

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