Opinion

Kenneally v. Thurn

  • 653 S.W.2d 69
  • 1983 Tex. App. LEXIS 4385
Court
Court of Appeals of Texas
Filed
Apr 29, 1983
Status
Published
On the bench
Cadena, Esquivel, Dial
Cited by
13 cases

finding fact issue as to whether city had notice sign was obscured where photos in evidence showed bushes were scraggly, resident testified that bushes had been there as long as she could remember, and officers passed through intersection during patrol several times a month

How later courts described this case

  • finding fact issue as to whether city had notice sign was obscured where photos in evidence showed bushes were scraggly, resident testified that bushes had been there as long as she could remember, and officers passed through intersection during patrol several times a month
  • finding fact issue as to whether city had notice that sign was obscured where evidence showed bushes were scraggly, resident testified that bushes had been there as long as she could remember, and officers passed through intersection on routine patrol several times a month

Written by the judges who cited it.

The opinion

ON APPELLEE CITY OF SAN ANTONIO’S MOTION FOR REHEARING

A judgment was entered in this proceeding on April 29, 1983, reversing the judgment of the trial court and assessing costs against appellees, Bruce A. Thurn and Charles Thurn. Appellees’ have filed a motion for a rehearing requesting in part that costs be readjudged.

Our opinion reverses the judgment of the trial court because of its error in granting an instructed verdict in favor of the City of San Antonio. Since reversible error is not attributable to appellees, Bruce A. Thurn and Charles Thurn, good cause exists to tax costs to appellants and the City of San Antonio.

Accordingly, the costs of appeal are re-taxed three-fourths to appellee, The City of San Antonio and one-fourth to appellant, Kenneth F. Kenneally. In all other respects, appellees’ motions for rehearing are denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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