Court of Civil Appeals of Texas, 2023

EIS Development II, LLC v. Buena Vista Area Association, Lance W. Hall and Heather R. Hall, Jason Paul Smithey, David W. Molengraaf and Kimberley K. Molengraaf, Alexander E.W.J. Schindler and Angela R. Schindler, as Individuals

EIS Development II, LLC v. Buena Vista Area Association, Lance W. Hall and Heather R. Hall, Jason Paul Smithey, David W. Molengraaf and Kimberley K. Molengraaf, Alexander E.W.J. Schindler and Angela R. Schindler, as Individuals
Court of Civil Appeals of Texas · Decided April 12, 2023

EIS Development II, LLC v. Buena Vista Area Association, Lance W. Hall and Heather R. Hall, Jason Paul Smithey, David W. Molengraaf and Kimberley K. Molengraaf, Alexander E.W.J. Schindler and Angela R. Schindler, as Individuals

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS EIS DEVELOPMENT II, LLC, § Appellant, § No. 08-22-00006-CV v. § Appeal from the BUENA VISTA AREA ASSOCIATION, § 40th District Court LANCE W. HALL and HEATHER R. HALL, JASON PAUL SMITHEY, DAVID § of Ellis County, Texas W. MOLENGRAAF and KIMBERLEY K.

MOLENGRAAF, ALEXANDER E.W.J. § (TC# 104809) SCHINDLER and ANGELA R. SCHINDLER, as individuals, § Appellees. § CORRECTED JUDGMENT We vacate our judgment dated March 24, 2023, and enter this judgment in its place. The Court has considered this cause on the record and concludes there was no error in the judgment.

We therefore affirm the judgment of the court below and its permanent injunction against EIS. We order that Appellees recover from Appellant and its sureties, if any, see TEX. R. APP. P. 43.5, for performance of the judgment and all costs in the court below. We further order that Appellant and Appellees each pay their respective one-half (1/2) of the costs of this appeal, for which let execution issue. This decision shall be certified below for observance.

IT IS SO ORDERED THIS 12TH DAY OF APRIL, 2023.

YVONNE T. RODRIGUEZ, Chief Justice

Before Rodriguez, C.J., Soto, J., and Marion, C.J. (Ret.)

Marion, C.J. (Ret.) (Sitting by Assignment)

Case-law data current through December 31, 2025. Source: CourtListener bulk data.