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Vaughn v. Drennon

The plaintiffs brought claims of intentional infliction of emotional distress in a dispute between neighboring property owners. The defendants appeal the trial court's judgment. Because the basis of the IIED is several alleged torts, the gravamen of the plaintiffs' claim is not IIED. Further, there was no evidence showing a high degree of mental pain that is more than mere worry, vexation, embarrassment or anger. The trial court's judgment is reversed and rendered in part and affirmed in part. Tyler Court of Appeals, No. 12-09-00064-CV, 07-11-2012.

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OPINION ON REMAND

This appeal involves an ongoing dispute between neighboring property owners in Sabine County. In this segment, Millard and Barbara Vaughn sued Paul and Mary Drennon for trespass, violation of the water code, and intentional infliction of emotional distress (IIED). Additionally, the Drennons sued the Vaughns for IIED. The two cases were consolidated and tried before a jury. Only the Vaughns appeal, asserting in eight issues that the Drennons’ IIED claim fails as a matter of law, the evidence is legally insufficient to support the jury’s findings regarding the Drennons’ IIED claim, and the trial court erred in disregarding the jury’s findings on their statutory violation claim, in excluding certain evidence, and in rendering judgment against them on their trespass claim. We reverse and render in part and affirm in part.

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