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VAN ES v. FRAZIER

No. 10-06-00125-CV.

230 S.W.3d 770 (2007)

Dale VAN ES, d/b/a Van Es Dairy, Appellant, v. Danny and Pam FRAZIER, Appellees.

Court of Appeals of Texas, Waco.

Rehearing Overruled August 21, 2007.

Attorney(s) appearing for the Case

Randall D. Terrell, Starbird & Terrell LLP, Eric J. Taube and Sarah E. Starnes, Hohmann Taube & Summers LLP, Austin, for appellant.

D. Scott Cain, Bradley & Cain LLC, Cleburne, for Appellees.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

FELIPE REYNA, Justice.

Danny and Pam Frazier filed suit against Dale Van Es dba Van Es Dairy seeking injunctive relief and alleging claims of nuisance, trespass, and negligence. The trial court denied Van Es's motion for transfer of venue and later granted the Fraziers' motion for "death penalty" sanctions. The court granted the Fraziers' summary judgment motion and, after a trial on the issue of exemplary damages, signed a final judgment. Van Es...

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