ON MOTION FOR REHEARING
On motion for rehearing, defendant Bunnett/Smallwood correctly contends that Monty Corbin did not perfect an appeal from the judgment rendered against him in the trial court and that that portion of the *296trial court judgment became final. See Maxey v. Citizens National Bank of Lubbock, 489 S.W.2d 697, 705 (Tex.Civ.App—Amarillo, rev’d on other grounds, 507 S.W.2d 722 (Tex.1974)).
For the reasons given in our original opinion, the judgment against Bun-nett/Smallwood & Company should be reversed. It appearing to the court that the case was tried on the wrong theory and the evidence not fully developed, we are of the opinion that the interest of justice demands a new trial. Morrow v. Shotwell, 477 S.W.2d 538, 541 (Tex.1972).
Accordingly, the cause of action by Hel-ton Oil Company against Monty Corbin d/b/a Corbin Trailers is severed, the judgment against Bunnett/Smallwood & Company is reversed, and the cause of action of Helton Oil against Bunnett/Smallwood & Company is remanded to the trial court.