On July 09, 2018 a
SECOND SUMMARY JUDGMENT - NON-SIGNED PROPOSED ORDER/JUDGMENT
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. §
§ 192ND JUDICIAL DISTRICT
JANICE RUSHING and LIGE §
RUSHING, JR. §
Defendants. § DALLAS COUNTY, TEXAS
SECOND SUMMARY JUDGMENT ORDER
On the 8th day of November, 2019 came on for hearing the Defendants’ Second
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 Mentvins’ claims and causes of action, and the
Rushings’ Second Motion for Summary Judgment is GRANTED.
Based upon the evidence submitted, the Court finds that the Merwins have not
adversely possessed portions of the Rushings’ property described in the Merwin's
Petition as "the Disputed Green Space', and that the relief granted to the Rushings in
the Summary Judgment Order is not barred by a "de minimus doctrine" finding.
IT IS THEREFORE ORDERED, ADJUDGED and DECREED, that Lee Metwin
and Betty Merwin take nothing by their trespass to try title suit, and all relief requested
by the Merwins is DENIED.
All other relief requested is DENIED.
SIGNED this day of .2019.
JUDGE PRESIDING
Page 1 of 2
APPROVED AS TO FORM
?M
Robert K. Frisch
Attorney for Defendants
K. @443“
Darrell D. Minter
Attorney for Plaintiffs
Page 2 of 2
Document Filed Date
October 11, 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. § § 192ND JUDICIAL DISTRICT JANICE RUSHING and LIGE § RUSHING, JR. § Defendants. § DALLAS COUNTY, TEXAS SECOND SUMMARY JUDGMENT ORDER On the 8th day of November, 2019 came on for hearing the Defendants’ Second 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 Mentvins’ claims and causes of action, and the Rushings’ Second Motion for Summary Judgment is GRANTED. Based upon the evidence submitted, the Court finds that the Merwins have not adversely possessed portions of the Rushings’ property described in the Merwin's Petition as "the Disputed Green Space', and that the relief granted to the Rushings in the Summary Judgment Order is not barred by a "de minimus doctrine" finding. IT IS THEREFORE ORDERED, ADJUDGED and DECREED, that Lee Metwin and Betty Merwin take nothing by their trespass to try title suit, and all relief requested by the Merwins is DENIED. All other relief requested is DENIED. SIGNED this day of .2019. JUDGE PRESIDING Page 1 of 2 APPROVED AS TO FORM ?M Robert K. Frisch Attorney for Defendants K. @443“ Darrell D. Minter Attorney for Plaintiffs Page 2 of 2