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HORNER v. HEATHER

No. 12-12-00293-CV.

397 S.W.3d 321 (2013)

Rebecca R. HORNER, As Trustee of the Rebecca R. Horner Revocable Living Trust, Appellant, v. Joe Welton HEATHER and Georgie Lee Heather, As Trustees of the Heather Revocable Trust, Appellees.

Court of Appeals of Texas, Tyler.

Rehearing Overruled April 30, 2013.

Attorney(s) appearing for the Case

Deborah J. Race , for Rebecca R. Horner, As Trustee of the Rebecca R. Horner Revocable Living Trust.

John Youngblood , for Joe Welton Heather and Georgie Lee Heather, As Trustees of the Heather Revocable Trust.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.

OPINION

JAMES T. WORTHEN, Chief Justice.

Rebecca R. Horner, as Trustee of the Rebecca R. Horner Revocable Living Trust (Horner) appeals a judgment awarding an easement by estoppel to Joe Welton Heather and Georgie Lee Heather, as Trustees of the Heather Revocable Trust (the Heathers). In two issues, Horner contends that the evidence is "legally and/or factually insufficient" to support the judgment of an easement by estoppel, and that the trial court...

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