WTX Fund, LLC v. Ray Holt Brown, Patti Holt Elkins, Janie H. Giddiens Trust, Bobby Van Holt Revocable Living Trust, Jay F. Holt, John Thomas Holt, Cheryl Jones, Debra Lynn Morgan Revocable Trust, Judy K. Wadsworth and Susan G. Wesson Revocable Living Trust ( 2020 )


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  •                                   COURT OF APPEALS
    EIGHTH DISTRICT OF TEXAS
    EL PASO, TEXAS
    WTX FUND, LLC,                                 §               No. 08-17-00104-CV
    Appellant,                      §                  Appeal from the
    v.                                             §                112th District Court
    RAY HOLT BROWN, JAY F. HOLT,                   §             of Reagan County, Texas
    CHERYL JONES, JUDY BROWN
    WADSWORTH, JANIE H. GIDDIENS                   §                    (TC #1913)
    AS TRUSTEE OF THE JANIE H.
    GIDDIENS TRUST, DEBRA LYNN                      §
    MORGAN AS TRUSTEE OF THE
    DEBRA LYNN MORGAN REVOCABLE                    §
    TRUST, SUSAN G. WESSON AS
    TRUSTEE OF THE SUSAN G. WESSON                 §
    REVOCABLE LIVING TRUST, PATTI
    HOLT ELKINS, BOBBY VAN HOLT AS                 §
    TRUSTEE OF THE BOBBY VAN HOLT
    REVOCABLE LIVING TRUST, AND                    §
    JOHN THOMAS HOLT,
    Appellees.
    JUDGMENT
    The Court has considered this cause on the record and concludes there was error in the trial
    court’s judgment granting partial summary judgment in favor of Appellees. We therefore reverse
    the judgment of the court below granting partial summary judgment in favor of Appellees and
    render partial judgment in favor of Appellant in accordance with the opinion of this Court. We
    further order the cause is remanded to the trial court to determine Appellant’s remedy and for
    reconsideration of an award, if any, of attorney’s fees.
    We further order that Appellant recover from Appellees the appellate costs incurred by
    Appellant, for which let execution issue. This decision shall be certified below for observance.
    IT IS SO ORDERED THIS 8TH DAY OF JANUARY, 2020.
    GINA M. PALAFOX, Justice
    Before Rodriguez, J., Palafox, J., and McClure, C.J. (Senior Judge)
    McClure, C.J. (Senior Judge), sitting by assignment
    2
    

Document Info

Docket Number: 08-17-00104-CV

Filed Date: 1/8/2020

Precedential Status: Precedential

Modified Date: 1/13/2020