Clayton Mountain Development, LLC and Michael Ruff in His Capacity as Trustee of the MAR Living Trust v. Suzann Ruff

Court of Appeals of Texas

Clayton Mountain Development, LLC and Michael Ruff in His Capacity as Trustee of the MAR Living Trust v. Suzann Ruff

DecidedAugust 5, 2021

Docket11-20-00101-CV

StatusPublished

This text of Clayton Mountain Development, LLC and Michael Ruff in His Capacity as Trustee of the MAR Living Trust v. Suzann Ruff (Clayton Mountain Development, LLC and Michael Ruff in His Capacity as Trustee of the MAR Living Trust v. Suzann Ruff) 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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Clayton Mountain Development, LLC and Michael Ruff in His Capacity as Trustee of the MAR Living Trust v. Suzann Ruff, (Tex. Ct. App. 2021).

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Opinion

11TH COURT OF APPEALS EASTLAND, TEXAS JUDGMENT

Clayton Mountain Development, LLC * From the 29th District Court and Michael Ruff in his capacity as of Palo Pinto County, Trustee of the MAR Living Trust, Trial Court Nos. C46164-2

Vs. No. 11-20-00101-CV * August 5, 2021

Suzann Ruff, * Memorandum Opinion by Williams, J. (Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.)

This court has inspected the record in this cause and concludes that there is error in the trial court’s January 7, 2020 order and May 5, 2020 amended judgment. We affirm the trial court’s September 29, 2020 order in which it struck Clayton Mountain Development LLC’s answer. We reverse (1) the trial court’s January 7, 2020 order in which it severed Suzann Ruff’s claims against Clayton Mountain Development LLC from her claims against the other defendants and (2) the trial court’s May 5, 2020 amended judgment. We remand this case to the trial court for further proceedings consistent with this opinion. The costs incurred by reason of this appeal are taxed 50% against Appellants and 50% against Suzann Ruff.

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11TH COURT OF APPEALS EASTLAND, TEXAS JUDGMENT

Clayton Mountain Development, LLC * From the 29th District Court and Michael Ruff in his capacity as of Palo Pinto County, Trustee of the MAR Living Trust, Trial Court Nos. C46164-2

Vs. No. 11-20-00101-CV * August 5, 2021

Suzann Ruff, * Memorandum Opinion by Williams, J. (Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.)

This court has inspected the record in this cause and concludes that there is error in the trial court’s January 7, 2020 order and May 5, 2020 amended judgment. We affirm the trial court’s September 29, 2020 order in which it struck Clayton Mountain Development LLC’s answer. We reverse (1) the trial court’s January 7, 2020 order in which it severed Suzann Ruff’s claims against Clayton Mountain Development LLC from her claims against the other defendants and (2) the trial court’s May 5, 2020 amended judgment. We remand this case to the trial court for further proceedings consistent with this opinion. The costs incurred by reason of this appeal are taxed 50% against Appellants and 50% against Suzann Ruff.

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Clayton Mountain Development, LLC and Michael Ruff in His Capacity as Trustee of the MAR Living Trust v. Suzann Ruff, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clayton-mountain-development-llc-and-michael-ruff-in-his-capacity-as-texapp-2021.