Reversed and Remanded and Majority and Concurring Opinions filed September 6, 2012.

In The Fourteenth Court of Appeals NO. 14-11-00755-CV ROY PIPKIN EXECUTOR OF THE ESTATE ON BEHALF OF BAYON SHEA PIPKIN, Appellant V. KROGER TEXAS LP, Appellee

On Appeal from the 129th District Court Harris County, Texas Trial Court Cause No. 2010-14137

CONCURRING OPINION

I concur in the result only.

In my opinion, the summary judgment evidence filed in the trial court by May 10, 2011, raised material fact issues that prevented the proper grant of summary judgment in this case.

I specifically do not join Section III B of the Majority Opinion dealing with mandatory e-filing.

/s/ Margaret Garner Mirabal Senior Justice

Panel consists of Justices Frost, McCally, and Mirabal.1 (McCally, J. majority)

Senior Justice Margaret Garner Mirabal sitting by assignment.