Schuhardt Consulting Profit Sharing Plan (Appellant/Cross-Appellee) v. Double Knobs Mountain Ranch, Inc.(Appellee/CRoss-Appellant) ( 2014 )

Fourth Court of Appeals San Antonio, Texas JUDGMENT No. 04-13-00529-CV SCHUHARDT CONSULTING PROFIT SHARING PLAN, Appellant/Cross-Appellee v. DOUBLE KNOBS MOUNTAIN RANCH, INC., Appellee/Cross-Appellant From the 38th Judicial District Court, Uvalde County, Texas Trial Court No. 2011-09-28311-CV-B Honorable Mickey R. Pennington, Judge Presiding BEFORE JUSTICE ANGELINI, JUSTICE ALVAREZ, AND JUSTICE CHAPA In accordance with this court’s opinion of this date, the trial court’s declaration that “SCHUHARDT engaged in inequitable conduct by attempting foreclosure on the property owned by DOUBLE KNOBS for reasons other than to preserve the security or protect the debt” is REVERSED. We MODIFY the trial court’s judgment to DELETE the above declaration and AFFIRM the trial court’s judgment AS MODIFIED. See TEX. R. APP. P. 43.2 (a). Costs of this appeal are taxed against Appellant/Cross-Appellee Schuhardt Consulting Profit Sharing Plan. SIGNED December 17, 2014. _____________________________ Patricia O. Alvarez, Justice