Bitter Creek Water Supply Corporation v. Wesley Sims ( 2019 )


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  • 11TH COURT OF APPEALS EASTLAND, TEXAS JUDGMENT Bitter Creek Water * From the 32nd District Court Supply Corporation, of Nolan County Trial Court No. 19,506. Vs. No. 11-17-00080-CV * June 28, 2019 Wesley Sims, * Memorandum Opinion by Bailey, C.J. (Panel consists of: Bailey, C.J., Willson, J., and Wright, S.C.J., sitting by assignment) (Willson, J., not participating) This court has inspected the record in this cause and concludes that there is error in the judgment below. Therefore, in accordance with this court’s opinion, we affirm the trial court’s judgment to the extent that it entered summary judgment against Bitter Creek Water Supply Corporation on its affirmative defense of waiver. We reverse the trial court’s judgment in all other respects and remand this cause to the trial court for further proceedings. The costs incurred by reason of this appeal are taxed sixty percent against Wesley Sims and forty percent against Bitter Creek Water Supply Corporation.

Document Info

Docket Number: 11-17-00080-CV

Filed Date: 6/28/2019

Precedential Status: Precedential

Modified Date: 6/29/2019