David D. Scott and Mary J. Scott v. Robert G. West, Thyra West, Judith C. Clark, Sallie Clingman, Gregory P. Miller, Gaye Miller, Jonathan Bayles, and Amy Bayles Appeal from County Court at Law No. 2 of Tarrant County (memorandum opinion per curiam)

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In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-18-00211-CV ___________________________ 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. Per Curiam 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.1 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. 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 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.). 1 2

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