Legal Opinion

Andrew Toscano v. Kimberly D. Brown and Douglas Welch

Texas Court of Appeals, 3rd District (Austin)

Decided September 19, 2025No. 03-25-00142-CVPublished

1Opinion of the Court

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-25-00142-CV Andrew Toscano, Appellant v. Kimberly D. Brown and Douglas Welch, Appellees FROM THE 433RD DISTRICT COURT OF COMAL COUNTY NO. C2016-1830D, THE HONORABLE DIB WALDRIP, JUDGE PRESIDING MEMORANDUM OPINION Andrew Toscano, in his capacity as the independent executor of the Estate of Gene Toscano (The Estate), appeals from an order granting summary judgment in favor of Kimberly D. Brown and Douglas Welch in a dispute over an easement. We will affirm in part and reverse and render in part. BACKGROUND In 2016, Gene Toscano sued…

2Cases cited8 opinions

  1. Travelers Insurance Co. v. JoachimTexas Supreme Court · 2010
  2. In Re BennettTexas Supreme Court · 1998
  3. University of Texas Medical Branch at Galveston v. Estate of Blackmon Ex Rel. ShultzTexas Supreme Court · 2006
  4. Epps v. FowlerTexas Supreme Court · 2011
  5. Smith v. Brown, Texas Court of Appeals, 1st District (Houston)2001

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