Andrew Toscano v. Kimberly D. Brown and Douglas Welch

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED SEPTEMBER 19, 2025

NO. 03-25-00142-CV

Andrew Toscano, Appellant

v.

Kimberly D. Brown and Douglas Welch, Appellees

APPEAL FROM THE 433RD DISTRICT COURT OF COMAL COUNTY
BEFORE JUSTICES TRIANA, KELLY, AND THEOFANIS
AFFIRMED IN PART; REVERSED AND RENDERED IN PART --
OPINION BY JUSTICE THEOFANIS

This is an appeal from the judgment signed by the trial court on December 5, 2024. Having

reviewed the record and the parties’ arguments, the Court holds that there was reversible error in

the court’s judgment. The Court affirms the portion of the trial court’s judgment awarding

attorney’s fees to Brown and Welch. However, the Court reverses the remainder of the trial

court’s judgment and renders judgment that the claims of Andrew Toscano, in his capacity as the

independent executor of the Estate of Gene Toscano, are dismissed without prejudice. Each

party shall bear their own appellate costs.