Benny and Kerrick Horton D/B/A K & B Properties v. Ashley Smith

CourtCourt of Appeals of Texas
DecidedAugust 13, 2024
Docket07-24-00155-CV
StatusPublished

This text of Benny and Kerrick Horton D/B/A K & B Properties v. Ashley Smith (Benny and Kerrick Horton D/B/A K & B Properties v. Ashley Smith) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Benny and Kerrick Horton D/B/A K & B Properties v. Ashley Smith, (Tex. Ct. App. 2024).

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-24-00155-CV

BENNY AND KERRICK HORTON D/B/A K & B PROPERTIES, APPELLANTS

V.

ASHLEY SMITH, APPELLEE

On Appeal from the 223rd District Court Gray County, Texas Trial Court No. 41049, Honorable Phil N. Vanderpool, Presiding

August 13, 2024 MEMORANDUM OPINION Before QUINN, C.J., and DOSS and YARBROUGH, JJ.

Appellants, Benny and Kerrick Horton d/b/a K & B Properties, appeal from the trial

court’s Order Granting Defendant’s Rule 91(a) Motion to Dismiss. Now pending before

this Court is Appellants and Appellee’s “Agreed Motion to Remand to Trial Court.” The

motion is granted. Pursuant to the motion, we set aside the Order Granting Defendant’s

Rule 91(a) Motion to Dismiss without regard to the merits, remand the case to the trial

court for further proceedings, and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(2). As requested by the parties, costs shall be taxed against the parties who incurred them. See

TEX. R. APP. P. 42.1(d).

Per Curiam

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Benny and Kerrick Horton D/B/A K & B Properties v. Ashley Smith, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benny-and-kerrick-horton-dba-k-b-properties-v-ashley-smith-texapp-2024.