Bruce Wheatley in His Capacity as of the Estate of Judith T. Wheatley v. Dale Farley in His Capacity as Dependent Administrator of the Estate of Travis B. Kirchner

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
BRUCE WHEATLEY, in his capacity as §
Executor of the Estate of Judith T.
Wheatley, § No. 08-18-00106-CV
Appellant/Cross-Appellee, § Appeal from the
v. § Probate Court No. 1
DALE FARLEY, in his capacity as § of El Paso County, Texas
Dependent Administrator of the Estate of
Travis B. Kirchner, § (TC# 2014-CPR01539)
Appellee/Cross-Appellant.
JUDGMENT
The Court has considered this cause on the record and concludes there was error in the
judgment. We therefore reverse the judgment of the court below and remand the cause to the trial
court for further proceedings, in accordance with this Court’s opinion. We further order that
Appellant/Cross-Appellee, and his sureties, if any, see TEX. R. APP. P. 43.5, and Appellee/Cross-
Appellant each pay one-half (1/2) the costs of this appeal. This decision shall be certified below
for observance.
IT IS SO ORDERED THIS 5TH DAY OF AUGUST, 2020.
GINA M. PALAFOX, Justice
Before Alley, C.J., Rodriguez, and Palafox, JJ.
Alley, C.J., dissenting