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SCOTT v. BABB

No. 04-12-00575-CV.

419 S.W.3d 531 (2013)

Jesse B. SCOTT and Paula Scott, Appellants v. Alexander R. BABB, Appellee.

Court of Appeals of Texas, San Antonio.

October 30, 2013.

Attorney(s) appearing for the Case

M. Patrick Maguire, M. Patrick Maguire, P.C. Kerrville, TX, for Appellants.

Stephen B. Schulte, Stephen B. Schulte, P.C, Kerrville, TX, for Appellee.

Sitting: CATHERINE STONE, Chief Justice, SANDEE BRYAN MARION, Justice, PATRICIA O. ALVAREZ, Justice.

OPINION

Opinion by: PATRICIA O. ALVAREZ, Justice.

Appellants Jesse and Paula Scott appeal the trial court's summary judgment ordering, inter alia, removal of a fence erected in 2005. On appeal, the Scotts argue that Appellee Alexander R. Babb's suit was barred by limitations based on an almost five-year delay in filing. We reverse the trial court's judgment and render judgment in favor of the Scotts.

BACKGROUND

The facts in the case...

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