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WILEN v. FALKENSTEIN

No. 2-04-315-CV.

191 S.W.3d 791 (2006)

John C. WILEN, Appellant, v. William FALKENSTEIN, Appellee.

Court of Appeals of Texas, Fort Worth.

April 6, 2006.

Attorney(s) appearing for the Case

Carmody & James, P.C., Dell James, Christopher J. Cafiero, Plano, for appellant.

Sullivan, Parker & Cook, L.L.C., Robert C. Sullivan, Tracey Edward Gajak, Dallas, for appellee.

PANEL B: DAUPHINOT, WALKER, and McCOY, JJ.

OPINION

SUE WALKER, Justice.

I. INTRODUCTION

This appeal arises from a trespass suit brought by Appellee William Falkenstein against his neighbor, Appellant John C. Wilen, for causing a tree service to trim a tree on Falkenstein's property. The trial court entered judgment in accordance with the jury's verdict, awarding Falkenstein $5,300.00 in actual damages, $18,000.00 in exemplary damages, and attorney's fees of $29,700.00. Wilen raises eight...

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