County of Nueces v. Floyd

OPINION

BÍSSETT, Justice.

This is a suit originally brought by John Floyd and Bob Garza against Nueces County, Texas, to recover damages to their land allegedly caused by the digging of a drainage ditch on property adjacent to their land. Suit was filed on April 14, 1975. Nueces County (the County), in addition to defending the suit, filed a third party action for indemnity against Leonard J. Svajda, Emil Mocha, Sr., and Emil Mocha, Jr., d/b/a Emilen Partners, and Mikkelson and Youngblood. The third party action was filed on November 5,1976. Summary judgment was rendered that the County take…