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Green v. Parrack

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eBook details

  • Title: Green v. Parrack
  • Author : Texas Court of Appeals
  • Release Date : January 29, 1998
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 54 KB

Description

Gerald and Janet Green appeal from a take nothing judgment entered in favor of Joan Parrack in a suit involving a fence line dispute. The Greens originally filed suit against Parrack because Parrack constructed a fence which allegedly encroached on the Greenss property. The trial court determined that Parracks fence did encroach on the Greenss property, but nevertheless, entered a take-nothing judgment against the Greens. In six points of error, the Greens contend that the evidence is legally and factually insufficient to support the trial courts findings, that the trial court erred in refusing to apply the principles of res judicata to the present case and in considering Parracks affirmative defense of laches, and that the trial court applied incorrect theories of law to the facts of this case. In six cross points of error, Parrack contends that the trial court erred in applying the principles of res judicata to her affirmative defenses, and that the evidence is legally and factually insufficient to support the trial courts findings. We reverse the trial courts judgment and remand this case to the trial court for a determination of damages.


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