Mote Resources, Inc. and John Phillip Mote v. Charles T. Gardner and Janice Marie Gardner

• Court: Court of Appeals of Texas
• Decided: November 14, 2013
• Docket: 02-12-00175-CV
• Status: Published

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-12-00175-CV

Mote Resources, Inc. and John § From the 271st District Court Phillip Mote § of Wise County (CV11-06-491)

v. § November 14, 2013

Charles T. Gardner and Janice Marie § Opinion by Chief Justice Livingston Gardner

JUDGMENT

This court has considered the record on appeal in this case and holds that

there was error in part of the trial court’s judgment. We reverse the trial court’s

judgment to the extent that it (1) finds that appellant John Phillip Mote individually

breached the Settlement Agreement, (2) grants appellees Charles T. Gardner

and Janice Marie Gardner the remedy of specific performance of the Settlement

Agreement as to John Phillip Mote individually, (3) declares the lease released

as to appellant Mote Resources, Inc., (4) quiets title as to any claim by Mote

Resources, Inc., and (5) awards Charles T. Gardner and Janice Marie Gardner

attorney’s fees against John Phillip Mote individually. We affirm the remainder of

the trial court’s judgment. 2-12-0075-CV JUDGMENT Page 2

We remand this case to the trial court for further proceedings consistent

with this opinion as to appellees’ remaining pending claims against John Phillip

Mote individually.

It is further ordered that appellant Mote Resources, Inc. shall pay all of the

costs of this appeal, for which let execution issue.

SECOND DISTRICT COURT OF APPEALS

By _________________________________ Chief Justice Terrie Livingston