Legal Opinion

Geneva Honeycutt v. David Higgins and Janet Higgins

Texas Court of Appeals, 11th District (Eastland)

Decided June 24, 2004No. 11-03-00081-CVPublished

1Opinion of the Court

11th Court of Appeals

Eastland, Texas

Memorandum Opinion

Geneva Honeycutt

Appellant

Vs. No. 11-03-00081-CV -- Appeal from Howard County

David Higgins and Janet Higgins

Appellees

This appeal arises from a summary judgment granted on the sole ground of res judicata. Geneva Honeycutt filed the underlying action against David Higgins and Janet Higgins with respect to a gate located on property owned by appellees. Honeycutt uses the gate and a road running across appellees= property by virtue of a judicially-established easement in order to travel to and from her property. This action is the third lawsuit…

2Cases cited12 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. KPMG Peat Marwick v. Harrison County Housing Finance Corp.Texas Supreme Court · 1999
  3. Barr v. Resolution Trust Corp. Ex Rel. Sunbelt Federal SavingsTexas Supreme Court · 1992
  4. Amstadt v. United States Brass Corp.Texas Supreme Court · 1996
  5. Eagle Properties, Ltd. v. ScharbauerTexas Supreme Court · 1991

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