George Wood v. Marti Kennedy and Doyle Murphree, Jr., Indvidually as as Temporary Co-Administrators of the Estate of Doyle Murphree, St.

Court of Appeals of Texas

George Wood v. Marti Kennedy and Doyle Murphree, Jr., Indvidually as as Temporary Co-Administrators of the Estate of Doyle Murphree, St.

DecidedNovember 25, 2014

Docket14-13-00755-CV

StatusPublished

This text of George Wood v. Marti Kennedy and Doyle Murphree, Jr., Indvidually as as Temporary Co-Administrators of the Estate of Doyle Murphree, St. (George Wood v. Marti Kennedy and Doyle Murphree, Jr., Indvidually as as Temporary Co-Administrators of the Estate of Doyle Murphree, St.) 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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George Wood v. Marti Kennedy and Doyle Murphree, Jr., Indvidually as as Temporary Co-Administrators of the Estate of Doyle Murphree, St., (Tex. Ct. App. 2014).

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Opinion

November 25, 2014

JUDGMENT

The Fourteenth Court of Appeals GEORGE WOOD, Appellant

NO. 14-13-00755-CV V.

MARTI KENNEDY AND DOYLE MURPHREE, JR., INDIVIDUALLY AND AS TEMPORARY CO-ADMINISTRATORS OF THE ESTATE OF DOYLE MURPHREE, SR., DECEASED, APPELLEES ________________________________

This cause, an appeal from the judgment in favor of appellees, Marti Kennedy and Doyle Murphree, Jr., Individually and as Temporary Co- Administrators of the Estate of Doyle Murphree, Sr., Deceased, signed August 6, 2013, was heard on the transcript of the record. We have inspected the record and find error as to the amount of damages awarded by the probate court for unpaid rent, and we therefore suggest a remittitur in the amount of $3,750 by Marti Kennedy and Doyle Murphree, Jr. If within fifteen days of the date of this judgment, Marti Kennedy and Doyle Murphree, Jr., file with this Court a remittitur in the amount of $3,750, the third and fourth paragraphs of the judgment of the court below will be REFORMED to state that Marti Kennedy and Doyle Murphree, Jr., Temporary Co-Administrators of the Estate of Doyle Murphree, Sr., Deceased, recover from George Wood judgment for — 1. $2,500 as the amount due for unpaid rent and AFFIRMED in part as reformed; the portion of the judgment awarding $9,189.20 in attorney’s fees and costs advanced (together with interest thereon) will be REVERSED and the cause REMANDED for further proceedings in accordance with this Court’s opinion. If a remittitur is not filed, we order the portions of the judgment awarding damages for unpaid rent (together with costs and interest thereon) and awarding attorney’s fees and costs advanced (together with interest thereon) REVERSED and REMAND the cause for further proceedings in accordance with this Court’s opinion.

We further order that all costs incurred by reason of this appeal be paid by appellees, Marti Kennedy and Doyle Murphree, Jr., Individually and as Temporary Co-Administrators of the Estate of Doyle Murphree, Sr., Deceased.

We further order this decision certified below for observance.

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November 25, 2014

JUDGMENT

The Fourteenth Court of Appeals GEORGE WOOD, Appellant

NO. 14-13-00755-CV V.

MARTI KENNEDY AND DOYLE MURPHREE, JR., INDIVIDUALLY AND AS TEMPORARY CO-ADMINISTRATORS OF THE ESTATE OF DOYLE MURPHREE, SR., DECEASED, APPELLEES ________________________________

This cause, an appeal from the judgment in favor of appellees, Marti Kennedy and Doyle Murphree, Jr., Individually and as Temporary Co- Administrators of the Estate of Doyle Murphree, Sr., Deceased, signed August 6, 2013, was heard on the transcript of the record. We have inspected the record and find error as to the amount of damages awarded by the probate court for unpaid rent, and we therefore suggest a remittitur in the amount of $3,750 by Marti Kennedy and Doyle Murphree, Jr. If within fifteen days of the date of this judgment, Marti Kennedy and Doyle Murphree, Jr., file with this Court a remittitur in the amount of $3,750, the third and fourth paragraphs of the judgment of the court below will be REFORMED to state that Marti Kennedy and Doyle Murphree, Jr., Temporary Co-Administrators of the Estate of Doyle Murphree, Sr., Deceased, recover from George Wood judgment for — 1. $2,500 as the amount due for unpaid rent and AFFIRMED in part as reformed; the portion of the judgment awarding $9,189.20 in attorney’s fees and costs advanced (together with interest thereon) will be REVERSED and the cause REMANDED for further proceedings in accordance with this Court’s opinion. If a remittitur is not filed, we order the portions of the judgment awarding damages for unpaid rent (together with costs and interest thereon) and awarding attorney’s fees and costs advanced (together with interest thereon) REVERSED and REMAND the cause for further proceedings in accordance with this Court’s opinion.

We further order that all costs incurred by reason of this appeal be paid by appellees, Marti Kennedy and Doyle Murphree, Jr., Individually and as Temporary Co-Administrators of the Estate of Doyle Murphree, Sr., Deceased.

We further order this decision certified below for observance.

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George Wood v. Marti Kennedy and Doyle Murphree, Jr., Indvidually as as Temporary Co-Administrators of the Estate of Doyle Murphree, St., Counsel Stack Legal Research, https://law.counselstack.com/opinion/george-wood-v-marti-kennedy-and-doyle-murphree-jr--texapp-2014.