Opinion issued October 14, 2010
In The
Court of Appeals
For The
First District of Texas
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NO. 01-09-00140-CV
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The Allen and MarthA Lewis Revocable Trust and MarthA Lewis, IndividualLY, Appellants
V.
Daniel PERALES and Erin Perales, Appellees
On Appeal from the 55th District Court
Harris County, Texas
Trial Court Case No. 0808471
SUPPLEMENTAL MEMORANDUM OPINION ON MOTION FOR REHEARING
Appellants, the Allen and Martha Lewis Revocable Trust and Martha A. Lewis, individually (“Lewis”), moved for rehearing on September 7, 2010, raising an argument that we relied on erroneous facts in issuing our August 12, 2010 opinion and judgment.
We deny the motion for rehearing, but we issue this supplemental opinion to clarify the facts upon which our August 12, 2010 opinion relied. Our August 12, 2010 judgment remains unchanged.
DATE OF SURVEY
In his motion for rehearing, Lewis argues that we “erred in finding that Perales had his property surveyed in January 2008 because the survey was completed on November 6, 2007. . . .” We now observe that in the course of completing the purchase of Lot 10 on December 27, 2007, Perales signed a “survey receipt” acknowledging that he received a copy of a survey of Lot 10 that was dated November 6, 2007. Perales then apparently used this survey to determine that the existing fence dividing his yard from that of Lewis fell within his property line, and he notified Lewis in January 2008 that he intended to move the fence.
This clarification of the background facts regarding the date of the survey and the date that Perales acknowledged his receipt of the survey has no effect on our opinion that the trial court did not err in granting Perales’s motion for summary judgment.
CONCLUSION
We deny Lewis’s motion for rehearing.
Evelyn V. Keyes
Justice
Panel consists of Justices Keyes and Higley. [1]
[1] Justice Hanks was a member of the original panel but has resigned in the interim. This motion has been decided by the two remaining justices. Tex. R. App. P. 41.1(b).