Opinion
No. 02-18-00211-CV
09-20-2018
DAVID D. SCOTT AND MARY J. SCOTT, Appellants v. ROBERT G. WEST, THYRA WEST, JUDITH C. CLARK, SALLIE CLINGMAN, GREGORY P. MILLER, GAYE MILLER, JONATHAN BAYLES, AND AMY BAYLES, Appellees
On Appeal from County Court at Law No. 2 Tarrant County, Texas
Trial Court No. 2014-001905-2 Before Sudderth, C.J.; Gabriel and Pittman, JJ.
MEMORANDUM OPINION AND ORDER
We have considered the petition for permissive appeal of Appellants David D. Scott and Mary J. Scott. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(d), (f) (West Supp. 2017); Tex. R. App. P. 28.3(a).
We grant the petition in part. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(f). We will determine only the narrow issue identified by the trial court as the controlling question of law: "the question of whether Plaintiffs or Defendants have the legal duty to repair or replace the subject retaining wall." To the extent Appellants seek to expand the issue or to obtain a broader ruling, that relief is denied.
Today, we also dismiss Appellants' attempted traditional appeal in this matter. See Scott v. West, No. 02-18-00156-CV (Tex. App.—Fort Worth Sept. 20, 2018, no pet. h.) (mem. op.).
Appellants' notice of appeal is deemed filed today. See id.; Tex. R. App. P. 28.3(k). The appeal will be governed by the rules for accelerated appeals. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(f); Tex. R. App. P. 28.1, 28.3(k). Appellants must file a copy of this order with the trial court clerk. See Tex. R. App. P. 28.3(k).
Per Curiam Delivered: September 20, 2018