Lawson v. Gibbs

ON MOTION FOR REHEARING

Appellee’s motion for rehearing is overruled.

Appellant’s motion for rehearing points out that in his counterclaim he had sought to recover damages from David K. Gibbs for withholding possession of the property in question from December 7, 1976. Since this court has held that appellant was entitled to summary judgment against Gibbs on the question of title to and possession of the property, it follows that this cause should *296be remanded to the trial court for a determination of the damages due to Lawson, Trustee, from Gibbs.

Appellant’s motion for rehearing is granted; and the opinion of this court is modified to remand this cause to the trial court for a determination of damages due to Lawson, Trustee, on his cross-action against David K. Gibbs.