October 22, 2013

JUDGMENT The Fourteenth Court of Appeals YOBY FRIEBIG, Appellant NO. 14-12-01166-CV V. THOMAS FIEBIG, Appellee ________________________________ This cause, an appeal from the judgment in favor of appellee, Thomas Fiebig, signed October 15, 2012, was heard on the transcript of the record. We have inspected the record and find error in the judgment. Because Christopher Trusky d/b/a Land Survey Co. has not appealed, we order that portion of the judgment of the court below against him AFFIRMED. We further order that portion of the judgment of the court below against Yoby Fiebig REVERSED and ordered severed and REMANDED for proceedings in accordance with this court’s opinion.

We further order that all costs incurred by reason of this appeal be paid by appellee, Thomas Fiebig.

We further order this decision certified below for observance.