Request,Application: Lee Merwin, et al vs. Janice Rushing, et al

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                                FILED
                                                                                                       11/16/2020 1:24 PM
                                                                                                             FELICIA PITRE
                                                                                                          DISTRICT CLERK
                                                                                                      DALLAS CO., TEXAS
                                                                                                      Terri Kilgore DEPUTY


                                         CAUSE NO. DC-18-08876

 LEE MERWIN AND BETTY                                   §      IN THE DISTRICT COURT
 MERWIN,                                                §
                                                        §
          Plainti's,                                    §
                                                        §
 vs.                                                    §      192nd JUDICIAL DISTRICT
                                                        §
 JANICE RUSI-HNG AND LIGE                               §
 RUSHING JR.,                                           §
                                                        §
          Defendants.                                   §      DALLAS COUNTY, TEXAS
                                                        §


MERWINS’ REQUEST FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW
           REGARDING THE COURT’S FINAL JUDGMENT


         Under Texas Rule 0f Civil Procedure 296, Lee and Betty Merwin (collectively,

the “Merwins”)         le   this, their Request for Findings of Fact and Conclusions of Law

regarding the Court’s Judgments issued in this case.

                                                    RE UEST
         1.       On July 9, 2018, the Merwins led            their original petition against Janice

Rushing and Lige Rushing, Jr.

         2.       On March 27, 2019, the Court Ordered its Amended Summary

Judgment Order, nding               that the Merwins take nothing by their trespass t0 try title

suit, and further ordered that the Merwins’ driveway and fence encroached on the

Rushings’ property, and ordered they be removed at the Merwins’ cost and expense.

         3.       On October 13, 2020, the Court signed the “Second Summary Judgment

Order,” Which was an outdated order not agreed upon by the Parties. The Second



REQUEST FOR FINDlNGS 0F FACT & CONCLUSION OF LAW                                             PAGE l
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Summary Judgment Order found that the MerWins have not adversely possessed

portions of the Rushings’ property described as the “Disputed Green Space” and

further found that the relief granted to the Rushings in the Summary Judgment

Order is not barred by a “de minimus doctrine” nding.

         4.       The Merwins and the Rushings appeared before the Court on October

13, 2020, and presented arguments to the Court as to the “de minimus” defense

asserted by the Merwins.

         5.       The Court signed a Judgment on October 26, 2020. The Judgment

ordered that the Partial Summary Judgment Order previously entered by this Court,

which found the Merwins have obtained no title to the Rushings by adverse

possession is now a Final Judgment. The Judgment also made additional orders

regarding the Merwins’ fence and the Rushings’ Property.

         6.       Under Texas Rules of Civil Procedure 297, the Merwins respectfully

requests that the Court a) le                findings of fact and conclusions of law for its Final

Judgment, inclusive of all Summary Judgment Orders, Within twenty (20) days of

this request and b) cause a copy of its findings of fact and conclusions of law to be

mailed to each party in the suit.




REQUEST FOR FINDINGS 0F FACT & CONCLUSION OF LAW                                           PAGE 2
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                                                     Respectfully submitted,


                                                     Underwood Perkins, P.C.

                                                     /s/ ScottM Gareljck
                                                     Scott M. Garelick
                                                     State Bar No. 24029053
                                                     Alex M. Campbell
                                                     State Bar No. 24095536
                                                     5420 LBJ Freeway, Suite 1900
                                                     Dallas, Texas 75240
                                                     Telephone: (972) 661-5114
                                                     Facsimile: (972) 661-5691
                                                     Emaili sgarelick@uplawtx.com
                                                           acampbell@uplawtX.com

                                                     Attorneys for Lee and Betty Merwjn


                                     CERTIFICATE OF SERVICE
       This is to certify that on the 16th day of November 2020, a true and correct copy
of the foregoing was served on all counsel of record using the Court’s ECF system.


                                                     /s/A]eX M Campbell
                                                     Alex M. Campbell




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