JARVIS v. PELTIER

No. 12-12-00180-CV.

400 S.W.3d 644 (2013)

Ben JARVIS, Appellant v. Robert J. PELTIER, and Calvin C. Smith, Appellees.

Court of Appeals of Texas, Tyler.

April 24, 2013.


Attorney(s) appearing for the Case

M. Keith Dollahite , Tyler, for Ben E. Jarvis.

Gregory S. Porter , Houston, Charles H. Clark , Tyler, for Robert J. Peltier.

Vance L. Metcalf , Billy D. Anderson , Tyler, for Calvin C. Smith.

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


OPINION

JAMES T. WORTHEN, Chief Justice.

Ben Jarvis appeals the summary judgment granted in favor of Robert J. Peltier, Sr. and Calvin C. Smith. In two issues, Jarvis contends the trial court improperly granted Peltier's and Smith's motions for summary judgment and denied Jarvis's competing motion for summary judgment. We reverse, render in part, and remand in part.

BACKGROUND

Jarvis and Smith were cotenants in a twelve acre...

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