Narrative Opinion Summary
The Fourth Court of Appeals in San Antonio, Texas, issued a judgment in case No. 04-12-00434-CV, involving appellants Serengeti Resort, LLC and Lori Hagee against appellees Esperanza Properties, LP, Esperanza Properties GP, Inc., and Louis Scott Felder. The court reversed the trial court's award of damages to Esperanza Properties, LP for its trespass claim, determining that Esperanza Properties, LP shall take nothing on that claim. Additionally, the award for attorney's fees to Esperanza Properties, LP and Louis Scott Felder was also reversed, and the case was remanded for further proceedings concerning the attorney's fees. The remaining portions of the trial court's judgment were affirmed. The court ordered that the appellants are responsible for half of the appeal costs, while the appellees are responsible for the other half. The judgment was signed by Chief Justice Catherine Stone on January 22, 2014.
Legal Issues Addressed
Affirmation of Remaining Portions of Judgmentsubscribe to see similar legal issues
Application: The appellate court affirmed the remainder of the trial court's judgment, indicating no changes to other aspects of the case.
Reasoning: The remaining portions of the trial court's judgment were affirmed.
Allocation of Appeal Costssubscribe to see similar legal issues
Application: The costs of the appeal were divided equally between the appellants and the appellees, as determined by the court.
Reasoning: The court ordered that the appellants are responsible for half of the appeal costs, while the appellees are responsible for the other half.
Reversal and Remand for Attorney's Feessubscribe to see similar legal issues
Application: The award of attorney's fees to Esperanza Properties, LP and Louis Scott Felder was reversed, requiring further proceedings to resolve the issue of attorney's fees.
Reasoning: Additionally, the award for attorney's fees to Esperanza Properties, LP and Louis Scott Felder was also reversed, and the case was remanded for further proceedings concerning the attorney's fees.
Reversal of Damages Award for Trespasssubscribe to see similar legal issues
Application: The appellate court reversed the trial court's decision to award damages for a trespass claim in favor of Esperanza Properties, LP, indicating that the plaintiff shall take nothing on that claim.
Reasoning: The court reversed the trial court's award of damages to Esperanza Properties, LP for its trespass claim, determining that Esperanza Properties, LP shall take nothing on that claim.