On July 09, 2018 a
Motion-Secondary
was filed
involving a dispute between
Merwin, Betty,
Merwin, Lee,
Rushing, Janice,
Rushing, Lige, Jr,
and
Merwin, Betty,
Merwin, Lee,
Rushing, Janice,
Rushing, Lige, Jr.,
for PROPERTY
in the District Court of Dallas County.
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CAUSE NO. DC-1 8-08876
LEE MERWIN and BETTY MERWIN § IN THE DISTRICT COURT
Plaintiffs,
v. é
§ 192ND JUDICIAL DISTRICT
JANICE RUSHING and LIGE §
RUSHING, JR. §
Defendants. § DALLAS COUNTY, TEXAS
SUMMARY JUDGMENT ORDER
On the 22nd day of March, 2019 came on for hearing the Defendants’ Motion for
Summary Judgment on the Plaintiffs’ suit for Trespass to Try Title by adverse possession.
The Court, after considering the Motion, the Plaintiffs’ Response to the Motion and the
Summary Judgment proof submitted by each party, finds that there is no genuine issue of
material fact on the Merwins’ claims and causes of action, that the Merwins have not
adversely possessed any portion of the Rushings’ property, that the driveway extension and
wooden fence constructed by the Men/vins in April 2018 encroaches upon the Rushings
property, and the Motion for Summary Judgment is Granted.
IT IS THEREFORE ORDERED AND ADJUDGED AND DECREED, that Lee Merwin
and Betty Merwin take nothing by their trespass to try title suit, and all relief requested by the
Plaintiffs is DENIED.
IT IS FURTHER ORDERED and DECREED that the Plaintiffs’ driveway and fence
erected in April, 2018, encroaches upon the Defendants’ property.
IT IS FURTHER ORDERED that the Plaintiffs’ remove the encroaching fence from the
Defendants' property at the Plaintiffs’ sole cost and expense.
All other relief requested is DENIED.
SIGNED this day of ,
201 9.
JUDGE PRESIDING
Document Filed Date
April 22, 2019
Case Filing Date
July 09, 2018
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CAUSE NO. DC-1 8-08876 LEE MERWIN and BETTY MERWIN § IN THE DISTRICT COURT Plaintiffs, v. é § 192ND JUDICIAL DISTRICT JANICE RUSHING and LIGE § RUSHING, JR. § Defendants. § DALLAS COUNTY, TEXAS SUMMARY JUDGMENT ORDER On the 22nd day of March, 2019 came on for hearing the Defendants’ Motion for Summary Judgment on the Plaintiffs’ suit for Trespass to Try Title by adverse possession. The Court, after considering the Motion, the Plaintiffs’ Response to the Motion and the Summary Judgment proof submitted by each party, finds that there is no genuine issue of material fact on the Merwins’ claims and causes of action, that the Merwins have not adversely possessed any portion of the Rushings’ property, that the driveway extension and wooden fence constructed by the Men/vins in April 2018 encroaches upon the Rushings property, and the Motion for Summary Judgment is Granted. IT IS THEREFORE ORDERED AND ADJUDGED AND DECREED, that Lee Merwin and Betty Merwin take nothing by their trespass to try title suit, and all relief requested by the Plaintiffs is DENIED. IT IS FURTHER ORDERED and DECREED that the Plaintiffs’ driveway and fence erected in April, 2018, encroaches upon the Defendants’ property. IT IS FURTHER ORDERED that the Plaintiffs’ remove the encroaching fence from the Defendants' property at the Plaintiffs’ sole cost and expense. All other relief requested is DENIED. SIGNED this day of , 201 9. JUDGE PRESIDING