Edwards v. Banco Lumber Co., Inc.

OPINION

in which HOUSTON M. GODDARD, P.J., and HERSCHEL P. FRANKS, J., joined.

James and Margaret Edwards (“Plaintiffs”) sued Banco Lumber Company Inc., (“Banco”) claiming Banco had trespassed on their property and removed timber. Banco filed a third-party complaint against Nathan Byrd, Betty Byrd, Fred Byrd, and Barbara Byrd (the “Byrds”) for indemnification relying on a Timber Deed and Contract between Banco and the Byrds. Plaintiffs nonsuited their action against Banco and an Order was entered on May 16, 2000, dismissing only Plaintiffs’ action. Apparently realizing this was not a final…