November 26, 2013

JUDGMENT The Fourteenth Court of Appeals KEVIN ELLIS, Appellant NO. 14-12-00635-CV v. RELIANT ENERGY RETAIL SERVICES, LLC, Appellee ________________________________ This cause, an appeal from the final judgment in favor of appellee, Reliant Energy Retail Services, LLC, signed, July 9, 2012, was heard on the transcript of the record. We have inspected the record and find the trial court erred in granting traditional summary judgment in favor of Reliant on its claims. We therefore order that the portions of the judgment granting judgment as to appellee Reliant’s claims are REVERSED and ordered severed and REMANDED for proceedings in accordance with this court’s opinion.

Further, we find no error in the remainder of the judgment and order it AFFIRMED.

We order appellee, Reliant Energy Retail Services, LLC, to pay all costs incurred in this appeal.

We further order this decision certified below for observance.