COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS JAMES WIMPY, § No. 08-13-00267-CV Appellant, § Appeal from the v. § 83rd Judicial District Court § MOTEL 6 OPERATING, L.P., of Pecos County, Texas § Appellee. (TC# P-6793-83-CV) § JUDGMENT The Court has considered this cause on the record and concludes there was error in the judgment. We therefore reverse the judgment of the court below and remand the cause for trial, in accordance with this Court’s opinion. We further order that Appellant recover from Appellee all costs of this appeal, for which let execution issue. This decision shall be certified below for observance.

IT IS SO ORDERED THIS 4TH DAY OF MARCH, 2015.

ANN CRAWFORD McCLURE, Chief Justice Before McClure, C.J., Rodriguez, J., and Larsen, J. (Senior Judge) Larsen, J. (Senior Judge), sitting by assignment