in the Matter of the Estate of Vernon Lee Downing

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
IN THE MATTER OF THE ESTATE OF §
VERNON LEE DOWNING, DECEASED. No. 08-14-00030-CV
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Appeal from
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Probate Court No. 3
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Dallas County, Texas
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(TC#PR-10-2214-3-12 and #12-68585)
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JUDGMENT
The Court has considered this cause on the record and concludes there was error in that
part of the judgment awarding Appellees $100,000 in damages for fraud and in that part of the
judgment awarding Appellees $10,000 in attorney’s fees. We therefore reverse those parts of the
judgment of the court below and render judgment that Appellees take nothing as to those
damages and fees. We further order that the remainder of the judgment of the court below is
affirmed, in accordance with the opinion of this Court.
We further order that Appellees recover from Appellant and her sureties, if any, see TEX.
R. APP. P. 43.5, for performance of the judgment as revised, and for all costs, both in this Court
and the court below, for which let execution issue. This decision shall be certified below for
observance.
IT IS SO ORDERED THIS 25TH DAY OF FEBRUARY, 2015.
STEVEN L. HUGHES, Justice
Before McClure, C.J., Rodriguez, and Hughes, JJ.