Mote Resources, Inc. and John Phillip Mote v. Charles T. Gardner and Janice Marie Gardner ( 2013 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00175-CV
Mote Resources, Inc. and John § From the 271st District Court
Phillip Mote
§ of Wise County (CV11-06-491)
v. § November 14, 2013
Charles T. Gardner and Janice Marie § Opinion by Chief Justice Livingston
Gardner
JUDGMENT
This court has considered the record on appeal in this case and holds that
there was error in part of the trial court’s judgment. We reverse the trial court’s
judgment to the extent that it (1) finds that appellant John Phillip Mote individually
breached the Settlement Agreement, (2) grants appellees Charles T. Gardner
and Janice Marie Gardner the remedy of specific performance of the Settlement
Agreement as to John Phillip Mote individually, (3) declares the lease released
as to appellant Mote Resources, Inc., (4) quiets title as to any claim by Mote
Resources, Inc., and (5) awards Charles T. Gardner and Janice Marie Gardner
attorney’s fees against John Phillip Mote individually. We affirm the remainder of
the trial court’s judgment.
2-12-0075-CV
JUDGMENT
Page 2
We remand this case to the trial court for further proceedings consistent
with this opinion as to appellees’ remaining pending claims against John Phillip
Mote individually.
It is further ordered that appellant Mote Resources, Inc. shall pay all of the
costs of this appeal, for which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By _________________________________
Chief Justice Terrie Livingston