Joe T. Garcia's Enterprises, Inc. v. Snadon

HOWELL, Justice.

Appellant Joe T. Garcia’s Enterprises, Inc. (hereinafter “Garcia”) appeals the granting of summary judgment taken in favor of appellee Daryl N. Snadon. Garcia also appeals the denial of its own motion for summary judgment. We agree that summary judgment should not have been rendered for Snadon; we reverse the judgment of the trial court. The cause is remanded for a trial on the merits.

This case relates to restrictive covenants on a 2.3-acre tract of land originally owned by appellee Snadon in Dallas County. Pri- or to May 5, 1977, Snadon owned the land in fee simple free of…