MARTIN v. AMERMAN

No. 02-0731.

133 S.W.3d 262 (2004)

Kirk E. MARTIN and Suzanne K. Martin, Petitioners, v. William M. AMERMAN and Carolyn Frances Amerman, Respondents.

Supreme Court of Texas.

Decided February 13, 2004.


Attorney(s) appearing for the Case

Cathy J. Sheehan, Plunkett & Gibson, Inc., San Antonio, for Amicus Curiae.

Walter D. Snider, Snider & Morgan, L.L.P., Beaumont, for Petitioner.

Richard N. Evans, J. Mitchell Smith, Germer Gertz, L.L.P., Beaumont, for Respondent.


Justice O'NEILL delivered the opinion of the Court.

In this case we must decide whether a trespass-to-try-title action is the exclusive means to resolve a dispute between neighbors over the proper location of a boundary line separating their properties, or whether a declaratory judgment action is also an appropriate way. We hold that the Texas trespass-to-try-title statute governs the parties' substantive rights in this boundary dispute and that they may not proceed...

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