Document for Lee Merwin, et al vs. Janice Rushing, et al

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                                CAUSE      N0.   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


                                                      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,   and   the

                  Rushings’     Motion for    Summary Judgment            is GRANTED.

                            Based     upon   the  evidence     submitted,     the   Court   finds   that  the   Merwins     have    not


                  adversely     possessed      any   portion   of the  Rushings’     property;    that the   driveway extension

                  and   wooden      fence    constructed       by  the   MenNins      in  April  2018    encroaches       upon    the


                  Rushings      property;   and   concrete     and   tiled  driveway     extension,     fence,   fence   posts    and

                  wrought     iron  gate   post   should   be   removed     from   the   Rushings     property    by  the   Merwins

                  at their sole cost     and   expense.

                           IT  IS  THEREFORE           ORDERED,        ADJUDGED          AND     DECREED,        that  Lee   Merwin

                  and   Betty   Menlvin   take   nothing    by  their trespass     to  try title suit,  and   all relief requested


                  by the   Men/vins    is DENIED.

                           IT  IS   FURTHER         ORDERED,         ADJUDGED          and     DECREED        that   the   Merwins'

                  driveway and fence erected           in April,  2018,   encroaches       upon   the  Rushing’     property.




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                           IT  IS   FURTHER         ORDERED,         that  Lee   Merwin      and   Betty   Merwin      remove     the


                  encroaching      portion   of their concrete and       tiled  driveway,    fence,   fence    posts and wrought

                  iron   gate   post   from   the   Rushings’      property    within  thirty  (30)   days    of the   date   of  this


                  Judgment and        Order

                           All other   relief requested     is DENIED.




                           SIGNED      this             day of                                  .201 9.




                                                               JUDGE      PRESIDING




                  APPROVED AS TO              FORM


                ?MKQMRA
                  Robert      K. Frisch
                  Attorney for Defendants




                  Darrell   D.  Minter
                  Attorney for Plaintiffs




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