Ortiz v. Spann

OPINION

NYE, Chief Justice.

This is an appeal from a summary judgment granted in favor of appellees, Bob J. Spann and wife, Dorothy Spann.

Appellants and appellees are owners of adjacent properties located in Nueces County, Texas. It is undisputed that three mature oak trees are located entirely upon appellees’ property. The branches and limbs of these trees extend over the designated boundary line between the two residences and encroach onto appellants’ property. Appellees initially brought suit on June 7, 1978 for injunctive relief, temporary and permanent, to protect the status quo and…