in Re Timothy K. Wade Robert Stephen Hawk Gina Wade Celia Hawk 407 Real Property Management, LLC And 407 Gun Club, LLC

• Court: Court of Appeals of Texas
• Decided: December 20, 2018
• Docket: 02-18-00323-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth No. 02-18-00323-CV

IN RE TIMOTHY K. WADE; ROBERT § Original Proceeding STEPHEN HAWK; GINA WADE; CELIA HAWK; 407 REAL PROPERTY § From the 367th District Court MANAGEMENT, LLC; AND 407 GUN CLUB, LLC § of Denton County (16-09166-367)

§ December 20, 2018

§ Opinion by Justice Birdwell

JUDGMENT

This court has considered relators’ petition for writ of mandamus and is of the

opinion that relief should be granted. Accordingly, we order the trial court to vacate

its March 21, 2018 order denying relators’ motion to dismiss, to grant relators’ motion

to dismiss the Shooting Claims, and to award attorney’s fees to relators to the extent

that those fees are attributable to relators’ litigation of the Shooting Claims. A writ

will issue only if the trial court fails to comply. It is further ordered that real parties in interest Lee Stinson and Anissa Stinson

shall pay all of the costs of this appeal, for which let execution issue.

SECOND DISTRICT COURT OF APPEALS

By /s/ Wade Birdwell Justice Wade Birdwell