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AAA Free Move Ministorage L.L.C. v. Latigo Properties, Inc. and the Brigham Living Trust

Citation: Not availableDocket: 04-14-00075-CV

Court: Court of Appeals of Texas; March 11, 2015; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Fourth Court of Appeals in San Antonio, Texas, issued a judgment in the case of AAA Free Move Ministorage, L.L.C. v. Latigo Properties, Inc. and The Brigham Living Trust. The trial court’s judgment has been reversed, and the appellate court rendered a decision to dismiss the appellant's claims without prejudice. The case is remanded to the trial court to address the appellees' request for attorney’s fees and costs. The costs of the appeal are assessed against the appellees. The judgment was signed by Justice Luz Elena D. Chapa on March 11, 2015.

Legal Issues Addressed

Assessment of Appeal Costs

Application: The costs associated with the appeal are to be borne by the appellees.

Reasoning: The costs of the appeal are assessed against the appellees.

Dismissal Without Prejudice

Application: The appellant's claims were dismissed without prejudice, allowing for the possibility of refiling the claims in the future.

Reasoning: The appellate court rendered a decision to dismiss the appellant's claims without prejudice.

Remand for Attorney’s Fees and Costs

Application: The case is sent back to the trial court to determine the appellees' entitlement to attorney’s fees and costs.

Reasoning: The case is remanded to the trial court to address the appellees' request for attorney’s fees and costs.

Reversal of Trial Court Judgment

Application: The appellate court reversed the trial court’s judgment, indicating that the original decision was overturned.

Reasoning: The trial court’s judgment has been reversed, and the appellate court rendered a decision to dismiss the appellant's claims without prejudice.