Legal Opinion

South Plains Lamesa Railroad, LTD., and Larry Dale Wisener v. Walter Heinrich and Russell Heinrich

Texas Court of Appeals, 7th District (Amarillo)

Decided August 7, 2008No. 07-07-00352-CVPublishedCited by 6 opinions

1Opinion of the Court

OPINION

MACKEY K. HANCOCK, Justice.

Appellants, South Plains Lamesa Railroad, Ltd. (South Plains), and Larry Dale Wisener (Wisener), appeal from the judgment of the 72nd District Court of Lubbock County, Texas, granting two easements under a railline in favor of ap-pellees, Walter Heinrich and Russell Heinrich (collectively “Heinrich”). By five issues, South Plains and Wisener contend the trial court erred in 1) finding that there was an easement in existence, 2) refusing a requested charge on the issue of “misrepresentation,” as opposed to the charge given of “representation,” 3) allowing…

2Cases cited16 opinions

  1. in the Interest of J.P.B., a ChildTexas Supreme Court · 2005
  2. Bocquet v. HerringTexas Supreme Court · 1998
  3. Nissan Motor Co. Ltd. v. ArmstrongTexas Supreme Court · 2004
  4. Drye v. Eagle Rock Ranch, Inc.Texas Supreme Court · 1963
  5. In Re Pirelli Tire, L.L.C.Texas Supreme Court · 2007

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3Cited by6 opinions

  1. Bill Weddington and Twin Oaks Estates, Inc. v. Jon Vaughan, Stephanie Vaughan, Gary Vinklarek, Calvin Henry, and Clara Henry, Texas Court of Appeals, 7th District (Amarillo)2024
  2. Hazzani, LLC v. Richardson Bus. Center, Ltd., Texas Court of Appeals, 5th District (Dallas)2019
  3. Louis A. Tsakiris Family Partnership, Ltd. and A. Tsakiris Family Limited Partnership v. Waller County Road Improvement District No. 1, Texas Court of Appeals, 1st District (Houston)2025
  4. Rudy Alvarez D/B/A Acoustical Plus v. Patsy Sheppard, Texas Court of Appeals, 7th District (Amarillo)2020
  5. South Plains Lamesa Railroad, Ltd., and Larry Dale Wisener v. the Kitten Family Living Trust, Texas Court of Appeals, 7th District (Amarillo)2011

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