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FAIR v. ARP CLUB LAKE, INC.

No. 12-13-00053-CV.

437 S.W.3d 619 (2014)

Robert FAIR, Independent Executor of the Estate of Wilton Fair, Deceased, and Barton Walker Fair, Jr., Appellants v. ARP CLUB LAKE, INC., Jeanne Davis, Bob DeHaan, James D. Caruthers, and Don Caruthers, Appellees.

Court of Appeals of Texas, Tyler.

Rehearing Overruled September 3, 2014.

Attorney(s) appearing for the Case

M. Keith Dollahite , Tyler, for Appellant.

Leigh C. Porter , Wilson, Sheehy, Knowles, Robertson & Cornelius, PC, Tyler, Alvin N. Flynn , Tyler, for Appellees.

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

OPINION

JAMES T. WORTHEN, Chief Justice.

Robert Fair, independent executor of the estate of Wilton Fair, deceased, and Barton Walker Fair, Jr. (the Fairs), owners of a 36.24 acre tract of land, appeal from an adverse summary judgment by which the trial court awarded possession of that tract to Appellees, Arp Club Lake, Inc., Jeanne Davis, Bob DeHaan, James D. Caruthers, and Don Caruthers (ACL). The Fairs contend in two issues that the trial court...

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