Tom and Marie McKenna v. J. Daniel Caldwell

OPINION

TERRY McCALL, Justice.

Tom and Marie McKenna (McKenna) appeal the summary judgment entered in favor of J. Daniel Caldwell (Caldwell) in a dispute over an express easement. McKenna argues that the trial court erred when it granted summary judgment because the issue of whether the terms of the easement prohibit a gate or a cattle guard is a question of fact that cannot be resolved by summary judgment. Alternatively, McKenna argues that the trial court granted greater relief than requested when it ordered the removal of all gates from the easement and when it prohibited any future…