South Plains Lamesa Railroad, Ltd., and Larry Dale Wisener v. the Kitten Family Living Trust

NO. 07-09-00343-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

SEPTEMBER 6, 2011

SOUTH PLAINS LAMESA RAILROAD, LTD.,
AND LARRY DALE WISENER, APPELLANTS

v.

THE KITTEN FAMILY LIVING TRUST, APPELLEES

FROM THE 99TH DISTRICT COURT OF LUBBOCK COUNTY;

NO. 2005-529,345; HONORABLE WILLIAM C. SOWDER, JUDGE

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

CONCURRING OPINION

My colleagues find appellants’ Issue Two, in which they challenge the manner in

which the trial court submitted this dispute to the jury, dispositive of the appeal. I cannot

join in either Justice Pirtle’s or Chief Justice Quinn’s opinions concerning Issue Two. I

join, however, in Justice Pirtle’s discussion of appellant’s Issue Three, regarding the

admission of evidence of appellant Wisener’s arrest. For that reason, I join also in the

Court’s judgment reversing and remanding the case.

James T. Campbell
Justice