Witcher v. Bennett

OPINION

Opinion by

Justice CARTER.

Honley Witcher and Roy Witcher (herein collectively the Witchers) appeal from the trial court’s granting of R. Daryll Bennett’s motion for summary judgment, which rejected the trespass to try title claims of the Witchers, awarded a permanent injunction against the Witchers from entering onto the lands in controversy, and awarded attorney’s fees to Bennett.

The Witchers raise four issues on appeal. They argue the trial court erred in 1) awarding attorney’s fees to Bennett due to lack of authorization under the law, 2) awarding summary judgment on attorney’s fees…