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FREIGHTLINER CORP. v. MOTOR VEHICLE BD.

No. 03-05-00289-CV.

255 S.W.3d 356 (2008)

FREIGHTLINER CORPORATION and Ford Motor Company, Appellants v. MOTOR VEHICLE BOARD OF the TEXAS DEPARTMENT OF TRANSPORTATION and Metro Ford Truck Sales, Inc., Appellees.

Court of Appeals of Texas, Austin.

May 1, 2008.

Attorney(s) appearing for the Case

N. Terry Adams, Martin D. Beirne, Brit T. Brown, Benjamin A. Escobar, Beirne, Maynard & Parsons, L.L.P, S. Shawn Stephens, Billy M. Donley, David R. Jarrett, Baker & Hostetler, L.L.P, Houston, for appellants.

Thomas V. Murto, III, Mitchell Madden, Cameron Dee Sewell, Madden Sewell, L.L.P., Dallas, Susan G. White, Sapp & White, P.C., Austin, Linda B. Secord, Asst. Atty. Gen., Natural Resources Div., Office of Atty. Gen., Austin, for appellees.

Before Justices PATTERSON, PEMBERTON and WALDROP.

OPINION

G. ALAN WALDROP, Justice.

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 of this case, we conclude that the Motor Vehicle Board of the Texas Department of Transportation did not have the power on remand to revisit its original...

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