MCKENNA v. CALDWELL

No. 11-10-00310-CV.

387 S.W.3d 830 (2012)

Tom and Marie McKENNA, Appellant v. J. Daniel CALDWELL, Appellee.

Court of Appeals of Texas, Eastland.

October 25, 2012.


Attorney(s) appearing for the Case

Lanny D. Ray, Cantrell , Ray & Barcus, LLP, Huntsville, for appellant.

Clint F. Sare , Bryan, James D. Hurst , Huntsville, for appellee.

Panel consists of: WRIGHT, C.J., McCALL, J., and HILL.


OPINION

TERRY McCALL, Justice.

Tom and Marie McKenna (McKenna) appeal the summary judgment entered in favor of J. Daniel Caldwell (Caldwell) in a dispute over an express easement. McKenna argues that the trial court erred when it granted summary judgment because the issue of whether the terms of the easement prohibit a gate or a cattle guard is a question of fact that cannot be resolved by summary judgment. Alternatively, McKenna argues that the trial court...

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