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Our previous opinion is withdrawn and replaced by this opinion.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...
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