Etan Industries, Inc. and Etan Industries, Inc., D/B/A CMA Cablevision and/or CMA Communications v. Ronald Lehmann and Dana Lehmann

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-07-00539-CV

Etan Industries, Inc. and Etan Industries, Inc., d/b/a CMA Cablevision and/or

CMA Communications, Appellants

v.

Ronald Lehmann and Dana Lehmann, Appellees

FROM THE DISTRICT COURT OF LEE COUNTY, 21ST JUDICIAL DISTRICT

NO. 13,010, HONORABLE TERRY L. FLENNIKEN, JUDGE PRESIDING

D I S S E N T I N G O P I N I O N

I respectfully dissent. By December 2002, the Lehmanns knew or should have known that Etan did not have a contractual or legal right to use Bluebonnet's easement, and had reason to believe that Etan did not have its own easement…