George M. Bishop, as Substitute Trustee v. Mary Beth Clawson and John Riddle

Court of Appeals of Texas

George M. Bishop, as Substitute Trustee v. Mary Beth Clawson and John Riddle

Court of Appeals of Texas·Decided September 12, 2013·No. 14-12-00830-CV·Published

Opinion

September 12, 2013

JUDGMENT

The Fourteenth Court of Appeals GEORGE M. BISHOP, AS SUBSTITUTE TRUSTEE, Appellant

NO. 14-12-00830-CV V.

MARY BETH CLAWSON AND JOHN RIDDLE, Appellees ________________________________

This cause, an appeal from the judgment in favor of appellees, Mary Beth Clawson and John Riddle, signed July 9, 2012, was heard on the transcript of the record. We have inspected the record and find the trial court erred in entering a final judgment against appellant George M. Bishop, as Substitute Trustee. We therefore order the portions of the judgment ordering a take-nothing judgment against Bishop on his counterclaims REVERSED and ordered severed and REMANDED for proceedings in accordance with this court’s opinion.

Further, we find no error in the remainder of the judgment and order it AFFIRMED.

We order appellees, Mary Beth Clawson and John Riddle, jointly and severally, to pay all costs incurred in this appeal.

We further order this decision certified below for observance.

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September 12, 2013

JUDGMENT

The Fourteenth Court of Appeals GEORGE M. BISHOP, AS SUBSTITUTE TRUSTEE, Appellant

NO. 14-12-00830-CV V.

MARY BETH CLAWSON AND JOHN RIDDLE, Appellees ________________________________

This cause, an appeal from the judgment in favor of appellees, Mary Beth Clawson and John Riddle, signed July 9, 2012, was heard on the transcript of the record. We have inspected the record and find the trial court erred in entering a final judgment against appellant George M. Bishop, as Substitute Trustee. We therefore order the portions of the judgment ordering a take-nothing judgment against Bishop on his counterclaims REVERSED and ordered severed and REMANDED for proceedings in accordance with this court’s opinion.

Further, we find no error in the remainder of the judgment and order it AFFIRMED.

We order appellees, Mary Beth Clawson and John Riddle, jointly and severally, to pay all costs incurred in this appeal.

We further order this decision certified below for observance.

George M. Bishop, as Substitute Trustee v. Mary Beth Clawson and John Riddle, (Tex. Ct. App. 2013).

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