Kutait v. O'Roark

Jack Holt, Jr., Chief Justice.

This case involves an award of costs and damages, in the amount of $25,043.25, to the appellee, James O’Roark, as a result of the trespass upon his land and removal of shale, rock, and ground from his property by the appellants, Kemal Kutait and George Catsavis d/b/a K & C Properties (K & C).

On appeal, K & C contends that the trial court erred in allowing Mr. O’Roark to introduce evidence of damage beyond the difference of the fair market value of the land immediately before and immediately after the alleged trespass. Mr. O’Roark cross-appeals on two points of…