Schievink v. Wendylou Ranch, Inc.

OPINION

AUSTIN McCLOUD, Senior Justice (Retired).

Plaintiff landowners, Jochum Schievink and Vicki Schievink, appeal from a summary judgment granted in favor of Wen-dylou Ranch, Inc., the owner of the land surrounding the Schievinks’ property. The Schievinks sued Wendylou for trespass and for breaching a duty as an adjoining landowner after Rudy’s Fencing, a fence builder hired by Wendylou, bulldozed some trees on the Schievinks’ land. Wendylou asserted that it was entitled to a traditional summary judgment because the undisputed summary judgment evidence showed that Wendylou did not trespass…