Gannon v. Bywaters

GUILLOT, Justice.

This is an appeal by Frederic G. Gannon, Clair H. Gannon, Jr., and Fayetta Mary Gannon (“the Gannons”), plaintiffs in the trial court, from a judgment in favor of the appellees, David Bywaters and Dorothy By-waters (“the Bywaters”), defendants in the trial court. For the reasons below, we reverse the judgment.

Because the Gannons raise a sufficiency point, a review of the facts in this case is necessary. The Bywaters did not timely file a brief in this court. Therefore, under TEX.R.CIV.P. 419; v. Moore, 582 S.W.2d 619 (Tex.Civ.App. — Dallas 1979, no writ); and In re Salinas,…