Martina D. Rodriguez v. Luis Antonio Pimentel and Petronila M. Pimentel

Summary

The Thirteenth Court of Appeals of Texas reversed a summary judgment in favor of the Pimentels in their suit to recover possession of land and clear title after Rodriguez erected a fence allegedly encroaching on their property. The court held that the Pimentels failed to present competent summary-judgment evidence establishing the fence’s location because the land survey was unauthenticated, and it remanded the case for further proceedings without reaching Rodriguez’s remaining issues concerning adverse possession and limitations.

Holdings

1. The Pimentels did not present competent summary-judgment evidence proving as a matter of law that the fence was located on their property because the land survey was unauthenticated.

Questions Presented

1. Whether the Pimentels presented competent summary-judgment evidence establishing as a matter of law that the disputed fence was located on their property.
2. Whether the trial court applied the correct accrual date for Rodriguez's adverse-possession statute-of-limitations defense.
3. Whether Rodriguez's summary-judgment evidence raised a genuine issue of material fact on each element of her adverse-possession defense.

Disposition

reversed_and_remanded