Court of Appeals Sixth Appellate District of Texas JUDGMENT

Progressive Transportation, LLC, Appellant Appeal from the County Court at Law of Harrison County, Texas (Tr. Ct. No. 2013- No. 06-14-00030-CV v. 9369). Opinion delivered by Chief Justice Morriss, Justice Moseley and Justice Republic National Industries of Texas, LP, Carter* participating. Justice Carter, and Republic Corporation, Appellees Retired, Sitting by Assignment.

As stated in the Court’s opinion of this date, we find there was partial error in the judgment of the court below. Therefore, we modify the trial court’s judgment to delete the award of attorney fees. As modified, the judgment of the trial court is affirmed.

We further order that the appellant, Progressive Transportation, LLC, pay all costs of this appeal.

RENDERED FEBRUARY 5, 2015 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE ATTEST: Debra K. Autrey, Clerk