# Kenneally v. Thurn

> Court of Appeals of Texas · April 29, 1983 · 653 S.W.2d 69

URL: https://www.frixlaw.com/law-library/cases/9684959

## Case

- **Full name:** Kenneth F. KENNEALLY, Individually and as Next Friend of Timothy F. Kenneally, and Ivy Kenneally, Appellants, v. Bruce A. THURN, Et Al., Appellees
- **Court:** Court of Appeals of Texas
- **Decided:** April 29, 1983
- **Citations:** 653 S.W.2d 69; 1983 Tex. App. LEXIS 4385
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Cadena, Esquivel, Dial
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9684959

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9684959. Public record. Not legal advice.