Seureau v. Tanglewood Homes Ass'n, Inc.

OPINION

JUNELL, Justice.

This is an appeal from a summary judgment ordering appellant Glenn Edouard Seureau to dismantle and remove a shed or carport added to his house in violation of certain subdivision deed restrictions regarding set-back requirements. After a separate trial by jury on the issue of attorney’s fees sought under Tex.Prop.Code Ann. § 5.006 (Vernon 1984), the court ordered that appellees recover $19,987.50 plus additional amounts should appellant unsuccessfully appeal the judgment.

We reverse and remand because appellant’s response and summary judgment proof raised an affirmative…