Pajestka v. Viscardi

SHANNON, Justice.

Josephine Viscardi, appellee, filed a declaratory judgment suit in the district court of Travis County. Viscardi sought a declaration of her right to use a driveway or alleyway located between her lot and the lot of Albina Pajestka, appellant. In addition, Viscardi sought the entry of an order permanently enjoining Pajestka from interfering with her use of the driveway.

Both parties filed motions for summary judgment. The district court entered summary judgment in favor of Viscardi. The judgment (1) declared that Viscardi had “ . . an easement, both public and prescriptive . .…