Michael Cade and Billie Cade v. Barbara D. Cosgrove, Individually, and as the Trustee of the Charles and Barbara Cosgrove Family Revocable Living Trust

• Court: Court of Appeals of Texas
• Decided: June 26, 2015
• Docket: 02-11-00424-CV
• Status: Published

Opinion

IN THE SUPREME COURT OF TEXAS 444444444444 NO. 14-0346 444444444444

BARBARA D. COSGROVE, INDIVIDUALLY AND AS THE TRUSTEE OF THE CHARLES AND BARBARA COSGROVE FAMILY REVOCABLE LIVING TRUST, PETITIONER,

v.

MICHAEL CADE AND BILLIE CADE, RESPONDENTS 4444444444444444444444444444444444444444444444444444 ON PETITION FOR REVIEW FROM THE COURT OF APPEALS FOR THE SECOND DISTRICT OF TEXAS 4444444444444444444444444444444444444444444444444444

JUDGMENT

THE SUPREME COURT OF TEXAS, having heard this cause on petition for review from the Court of Appeals for the Second District, and having considered the appellate record, briefs, and counsels’ argument, concludes that the court of appeals’ judgment should be reversed. IT IS THEREFORE ORDERED, in accordance with the Court’s opinion, that: 1) The judgment of the court of appeals is reversed; 2) The cause is remanded to the court of appeals for further proceedings consistent with this Court’s opinion; and 3) Barbara D. Cosgrove, individually and as the Trustee of The Charles and Barbara Cosgrove Family Revocable Living Trust, shall recover, and Michael and Billie Cade shall pay, the costs of court incurred in this Court. Copies of this judgment and the Court’s opinion are certified to the Court of Appeals for the Second District and to the District Court at Tarrant County, Texas, for observance. Opinion of the Court delivered by Justice Willett, joined by Chief Justice Hecht, Justice Green, Justice Lehrmann, and Justice Brown Dissenting opinion filed by Justice Boyd, joined by Justice Johnson, Justice Guzman, and Justice Devine

June 26, 2015 **********