Court of Civil Appeals of Texas, 2014

Gwen Stribling Henderson, Raven A. Pitre and Christine S. Willie v. John Richard Shanks and Carbett Joseph Duhon, III

Gwen Stribling Henderson, Raven A. Pitre and Christine S. Willie v. John Richard Shanks and Carbett Joseph Duhon, III
Court of Civil Appeals of Texas · Decided October 30, 2014

Gwen Stribling Henderson, Raven A. Pitre and Christine S. Willie v. John Richard Shanks and Carbett Joseph Duhon, III

Opinion

October 30, 2014

JUDGMENT The Fourteenth Court of Appeals GWEN STRIBLING HENDERSON, RAVEN A. PITRE, AND CHRISTINE S.

WILLIE, Appellants NO. 14-12-01026-CV V. JOHN RICHARD SHANKS AND CARBETT J. DUHON, III, Appellees ________________________________ This cause is an appeal from two orders signed on April 19, 2012, that constitute the trial court’s judgment in favor of appellees, John Richard Shanks and Carbett J. Duhon, III, and against appellants, Gwen Stribling Henderson, Raven A. Pitre and Christine S. Willie (hereinafter collectively the “Appellants”).

This cause was heard on the transcript of the record. We have inspected the record and find the trial court erred to the extent that the trial court struck the Plaintiffs’ Original Petition, but we find no error in the remainder of the judgment, in which the trial court granted summary judgment in favor of appellee John Richard Shanks. We therefore order that the portions of the judgment that address any of the Appellants’ claims against appellee Carbett J. Duhon, III are REVERSED and ordered severed and REMANDED for proceedings in accordance with this court’s opinion. We order the remainder of the judgment AFFIRMED. For good cause, (1) we order the Appellants, jointly and severally, to pay all costs incurred in this appeal by appellee John Richard Shanks; (2) we order appellee Carbett J. Duhon, III to pay one-half of all costs incurred in this appeal by the Appellants; (3) we order the Appellants to bear one-half of all costs that they have incurred in this appeal; and (4) we order appellee Carbett J. Duhon, III to bear any costs that he has incurred in this appeal. We further order this decision certified below for observance.

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