Stormie Callaway, Trustee of the Edgar Pagett Callaway Revocable Living Trust, and Stormie Callaway, of the Estate of Edgar "Pat'' Pagett Callaway v. Elise H. Pigg, by and Through A. Robin Pigg, as Attorney in Fact

• Court: Court of Appeals of Texas
• Decided: July 10, 2025
• Docket: 02-24-00315-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth No. 02-24-00315-CV

STORMIE CALLAWAY, TRUSTEE OF THE § On Appeal from the 348th District EDGAR PAGETT CALLAWAY Court REVOCABLE LIVING TRUST, AND STORMIE CALLAWAY, EXECUTOR OF THE ESTATE OF EDGAR “PAT” § of Tarrant County (348-329616-21) PAGETT CALLAWAY, Appellant and Appellee § July 10, 2025 V.

ELISE H. PIGG, BY AND THROUGH A. § Memorandum Opinion by Justice ROBIN PIGG, AS ATTORNEY IN FACT, Bassel Appellee and Appellant

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 conclude that the trial court erred

as a matter of law in its declaration that Stormie Callaway was not a successor to the

easement agreement. Because we sustain Callaway’s challenge to this singular

declaration, we remand the question of fee segregation to the trial court to exercise its

discretion to decide whether the attorney’s fee award should be recalculated. We affirm the trial court’s judgment other than the remand on the question of

attorney’s fees.

It is further ordered that Stormie Callaway shall pay all costs of this appeal, for

which let execution issue.

SECOND DISTRICT COURT OF APPEALS

By /s/ Dabney Bassel Justice Dabney Bassel