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Concurrence.pdf

2013-04-05.lehrmann.pdf

🔗 Source: docs.texasappellate.com

📊 Size: 64 KB

📄 Pages: 4 pages

⬇️ Downloads: 88

Summary

Texas Department of Transportation and City of Edinburg petitioned for review from the Court of Appeals for the Thirteenth District of Texas. The 2004 judgment, issued after the trial court's plenary power expired, made a judicial change to the 2003 judgment and is therefore void. The 2003 judgment correctly reflected the trial court's decision to award the City a fee simple interest, while the 2004 judgment improperly awarded an easement. The evidence, including the special commissioners' award and the City's condemnation petition, conclusively shows that the trial court intended to award fee simple title. The 2004 judgment's attempt to award an easement was not a mere correction of a clerical error and is void. As a result, API could not acquire legal title from White because the City owned the land, and any recovery against TxDOT and the City would require application of the doctrine of equitable estoppel, which does not apply against the government in this case.

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Description

Texas Department of Transportation and City of Edinburg petitioned for review from the Court of Appeals for the Thirteenth District of Texas.

Technical Information

File Format: PDF
File Size: 64 KB
Pages: 4
Language: EN
Total Downloads: 88
Last Updated: 2 days ago

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