John C. Wilen v. William Falkenstein

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-04-315-CV

JOHN C. WILEN APPELLANT

V

WILLIAM FALKENSTEIN APPELLEE

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FROM THE 393RD DISTRICT COURT OF DENTON COUNTY

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OPINION

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I. Introduction

This appeal arises from a trespass suit brought by Appellee William Falkenstein against his neighbor, Appellant John C. Wilen, for causing a tree service to trim a tree on Falkenstein=s property. The trial court entered judgment in accordance with the jury=s verdict, awarding Falkenstein $5,300.00 in actual damages, $18,000.00 in exemplary damages, and attorney=s fees of…