The opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
JUDGMENT RENDERED SEPTEMBER 19, 2025
NO. 03-25-00142-CV
Andrew Toscano, Appellant
v.
Kimberly D. Brown and Douglas Welch, Appellees
APPEAL FROM THE 433RD DISTRICT COURT OF COMAL COUNTY
BEFORE JUSTICES TRIANA, KELLY, AND THEOFANIS
AFFIRMED IN PART; REVERSED AND RENDERED IN PART --
OPINION BY JUSTICE THEOFANIS
This is an appeal from the judgment signed by the trial court on December 5, 2024. Having
reviewed the record and the parties’ arguments, the Court holds that there was reversible error in
the court’s judgment. The Court affirms the portion of the trial court’s judgment awarding
attorney’s fees to Brown and Welch. However, the Court reverses the remainder of the trial
court’s judgment and renders judgment that the claims of Andrew Toscano, in his capacity as the
independent executor of the Estate of Gene Toscano, are dismissed without prejudice. Each
party shall bear their own appellate costs.