Peter Payne, Mary Beth Payne, David Howard, Oksana Howard, Melvin Harris, Donna Harris and Christina Childers v. J. Baker Corporation Formerly Known as Little Elm/2000, Ltd., Landstar Homes Dallas, Ltd., GCS Trails of Frisco, L.P. D/B/A the Trails of Frisco Golf Club and Sun Den Frisco Investment, L.P. D/B/A the Trails of Frisco Golf Club

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-12-00181-CV

Peter Payne, Mary Beth Payne, § From the 431st District Court of David Howard, Oksana Howard, Melvin Harris, Donna Harris and Christina Childers

§ Denton County (2012-70202-431) v.

J. Baker Corporation formerly known § May 16, 2013 as Little Elm/2000, Ltd., Landstar Homes Dallas, Ltd., GCS Trails of Frisco, L.P. d/b/a the Trails of Frisco Golf Club and Sun Den Frisco Investment, L.P. d/b/a The Trails of Frisco Golf Club § Opinion by Justice McCoy

JUDGMENT

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

there was error in the trial court’s judgment. It is ordered that the judgment of the

trial court is reversed and the case is remanded to the trial court for further

proceedings consistent with this opinion. It is further ordered that appellees, J. Baker Corporation formerly known as

Little Elm/2000, Ltd., Landstar Homes Dallas, Ltd., GCS Trails of Frisco, L.P.

d/b/a the Trails of Frisco Golf Club and Sun Den Frisco Investment, L.P. d/b/a

The Trails of Frisco Golf Club shall pay all costs of this appeal, for which let

execution issue.

SECOND DISTRICT COURT OF APPEALS

By _________________________________ Justice Bob McCoy