Mitchell v. Garza

OPINION

GEORGE C. HANKS, JR., Justice.

We withdraw our opinion and judgment issued on October 18, 2007 and issue this one in its stead. We deny appellants’ motion for rehearing.

Robert and Leta Mitchell appeal the trial court’s grant of a take-nothing judgment in favor of Arturo Garza. In three issues, the Mitchells contend that the trial court erred in (1) refusing to declare the existence of an easement by estoppel, (2) refusing to issue a permanent injunction to remove the fence that interferes with their easement, and (3) denying their request for attorneys’ fees. We affirm.

Background

The…