Dal-Briar Corp. v. Tri-Angl Equities, Inc.

OPINION

RICHARD BARAJAS, Chief Justice.

This is a double appeal from a suit for damages to realty resulting from an incomplete cleanup of a mine overburden pile in Hudspeth County, Texas. For the reasons stated below, we reverse and remand.

I. SUMMARY OF THE EVIDENCE

A. Procedural History

Tri-Angl Equities, Inc. (“Tri-Angl”) filed suit against Dal-Briar Corporation and Robert Brittingham, Sr., (“Dal-Briar,” “Brittingham,” collectively “Appellants”) on February 6, 1992 in the 34th Judicial District Court of Hudspeth County. At the time, the 34th Judicial District included Culberson, El Paso, and…