Garner V. Long

This is an appeal from a summary judgment granted to appellee, Henry T. Long, Jr. (Henry), as independent executor of Henry T. Long, Sr.'s estate. Appellant Teddy Wayne Garner (Teddy), independent executor of Edna Faye Long's estate, contends that the trial court improperly granted summary judgment because (1) the motion is legally insufficient; (2) the evidence in support of the motion is legally insufficient; (3) fact issues precluded the granting of the motion; and (4) the order granting the motion was barred by res judicata. We modify the trial court's judgment, affirm it as modified, and remand for recalculation of prejudgment interest according to the modified award.