NUMBER 13-22-00070-CV

COURT OF APPEALS 

THIRTEENTH DISTRICT OF TEXAS 

CORPUS CHRISTI – EDINBURG 

 

THE STATE OF TEXAS, Appellant,

v.

RONALD GILES, ET UX., ET AL., Appellees. 

 

On appeal from the 329th District Court 

of Wharton County, Texas.

 

MEMORANDUM OPINION 

Before Chief Justice Contreras and Justices Longoria and Silva

Memorandum Opinion by Justice Longoria

The State of Texas challenges the trial court’s final judgment in a condemnation 

proceeding to acquire title to real property owned by appellees KEM Texas, Ltd. (KEM), 

Ronald Giles, and Tamara Giles. The State argues: (1) a billboard owner in a 

condemnation proceeding is not permitted “to value its leasehold interest separately from 

the land based on billboard advertising revenue”; (2) the trial court improperly admitted 
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evidence offered by KEM; and (3) there was “no evidence or insufficient evidence to 

support the jury’s verdict.” We affirm.

I. BACKGROUND

The Gileses own 2.09 acres of land along U.S. Highway 59 in Wharton County. In 

May 2010, Vista Media entered into a thirty-year lease agreement with the Gileses for a 

portion of the property which allowed for the construction and operation of a billboard on 

the property. Subsequently, KEM acquired the lease and erected Board 1710. The State 

notified KEM that it was widening and improving U.S. Highway 59, which would require 

the removal of Board 1710. The State and KEM came to an agreement on the valuation 

of the billboard structure and the State acquired the structure by quitclaim deed for 

$94,050. The board was removed, and a relocation permit was approved. However, 

because the State and KEM were unable to agree on a valuation of the real estate and 

interest therein to be condemned, the State filed a statutory condemnation lawsuit in 

December 2018, seeking to acquire title to a 0.3831-acre section of the Gileses’ property

(Parcel 42), which included the land on which Board 1710 was located. See TEX. PROP.

CODE ANN. § 21.012 (authorizing an entity with eminent domain authority to initiate 

condemnation suit if unable to agree with property owner as to damages).

On February 26, 2019, a special commissioners’ hearing was held regarding the 

State’s condemnation suit. See id. § 21.014(a) (providing for trial court to appoint special 

commissioners to assess amount of damages that property owner will suffer from 

condemnation); id. at § 21.015(a) (providing for prompt hearing before special 

commissioners). The Gileses did not appear. The special commissioners awarded KEM 
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$152,258.85 for the taking of KEM’s leasehold interest and awarded the Gileses $19,950 

for the land taking. The State objected to the decision, prompting a trial de novo in the 

district court. See id. § 21.018 (providing that party may object to findings made by special 

commissioners and requiring trial court to then try case like any other civil suit); see also 

PR Invs. & Specialty Retailers v. State, 251 S.W.3d 472, 476 (Tex. 2008) (hearings before 

special commissioners are generally not recorded and a condemnation suit is tried de 

novo by trial court when party objects to commissioners’ findings).

Prior to trial, the State designated Michael Welch and Ben Cervenka as expert 

witnesses and KEM designated Ben Metoyer and Wayne Baer as expert witnesses. 

Subsequently, the State designated Welch as its sole appraiser for trial. The State moved 

to exclude KEM’s expert witnesses, arguing that the valuation theory used by those 

experts “(1) improperly relied on KEM’s billboard advertising revenue (inadmissible 

business income); (2) violated the unified fee rule; (3) violated the before-and-after rule; 

and (4) intentionally distorted the fair market value of Parcel 42.” After a hearing on the 

motion, the trial court denied it. After some discovery was conducted, including 

depositions of KEM’s expert witnesses, the State again moved to exclude their testimony. 

That motion was also denied by the trial court.

At trial, Cervenka was called to testify by the Gileses. Cervenka explained that he 

was hired by the State to “form an opinion of fee simple market value of just compensation 

for the acquisition that the State was taking from the landowner.” In particular, he stated 

that market value is “a price paid for property that’s bought or sold, willing buyer and 

willing seller” and that this property’s “highest and best use” was as commercial property. 
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Cervenka testified that just compensation for the Gileses’ interest in Parcel 42 was 

$61,207, which he based on his analysis of property values from surrounding areas as 

well as improvements to the land.

He further explained that he was tasked with determining a value of the property 

as a whole, including the leasehold interest possessed by KEM. Cervenka explained that 

the total value of the property as a whole was $135,455. KEM’s lease is a 4,000-squarefoot portion of Parcel 42 which Cervenka valued at $47,500 in annual rent. Cervenka 

stated that he arrived at the $47,500 figure by taking market rental value for the property 

and subtracting “management” expenses. To reach that opinion, Cervenka “gathered 

rentals of properties that were rented for sign sites” and determined that the rental value 

was $3,000 per year. The capitalization rate he used was six percent, which he based off

of a “Price Waterhouse Coopers survey.”

Metoyer testified that, in his role as vice president of KEM, his job “is to identify 

locations that meet the regulations, negotiate an agreement with that property owner to 

have a sign, and then apply for and obtain all the billboard permits required,” and he 

oversees the process from start to finish. As to the particular location at issue, Metoyer 

explained that there are regulations that limit the locations available for signs, and the 

subject property is one of very few along that stretch of highway that meet the criteria for

a billboard. He described the location as one that had “good traffic” and “demand for 

advertisers,” stating that approximately 25,000 cars travel by the sign each day.

Metoyer explained that the State’s highway project would include building a ramp 

from “one end of the property to the other” which would eliminate the possibility for any 
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new sign to be placed on the property because signs cannot be placed “within so many 

feet of a ramped intersection.” Metoyer testified that the State’s project rendered the

billboard lease KEM has with the Gileses “worthless.” At the time of the removal of the 

billboard, KEM was paying $2,760 per year on the lease. Metoyer stated that he did not 

believe it would be possible to obtain a lease elsewhere for the same amount because 

that amount was below market value. Metoyer testified that, when he is calculating a fair 

offer to a property owner, he bases the offer on his knowledge of the market, and typically, 

at the time of the taking in 2019, that offer would be “30 percent of the projected [annual] 

advertising revenue,” as that is industry standard. At the time the billboard was taken 

down, KEM had advertising contracts for the subject billboard that generated $3,600 

every four weeks, or $46,800 per year. According to Metoyer’s testimony, while KEM was 

only paying $2,760 per year on its lease with the Gileses, it would instead expect to pay 

over $14,000—i.e., thirty percent of the advertising revenue—on a new lease for the same 

sign in another location.

The State extensively cross-examined Metoyer regarding the different contracts in 

place for the billboard over the years 2015 through the taking in 2019. Ultimately, Metoyer 

agreed that “the annual advertising revenue . . . was never [$]46,800” in any of the five 

years leading up to the taking by the State. He explained that, as of the day they removed 

the billboard, the contract in place would have generated a market rent of over $40,000 

annually. Prior to that point, the highest revenue received on the subject billboard was 

$17,088 for the year 2016.
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Baer, KEM’s commercial real estate appraisal expert, testified similarly to Metoyer 

that the lease KEM had with the Gileses was below market value. Baer was tasked with 

determining the value of KEM’s leasehold interest as of the date of the taking, April 3, 

2019. Baer made a “final estimate” of $179,000 for the value of the leasehold interest 

belonging to KEM. To reach his opinion, Baer used an income capitalization approach, 

which required him to determine the annual advertising revenue, the fair market ground 

rent, the actual ground rent paid, and expenses. With the information obtained he arrived 

at a market valuation of $182,367. Baer also followed another approach he referred to as 

“a discounted cash flow analysis,” which resulted in a valuation of $175,003. He then 

reconciled the two valuations to reach an opinion of $179,000 for KEM’s leasehold 

interest.

Welch testified as the appraiser for the State. Welch explained that he was tasked 

with determining the value of the property to be acquired by the State, which included the 

land itself, owned by the Gileses, as well as the portion of the land being used for a sign 

site. He first appraised the land to determine its “highest and best use” which, like 

Cervenka, he determined to be commercial development. He then valued the land at 

$1.00 per square foot. As to the valuation of the sign site, Welch explained that his 

process includes reviewing the lease for the sign site and looking at comparable leases 

as well. He testified that the lease was not below market rates at the time of the taking, 

explaining that “we know that the subject property leases for [$]2,760 a year. We have a 

comparable two miles away at [$]3,000, another at [$]1,800, and another at [$]2,650. 

These are excellent comparables for what someone would pay for a sign site.” He 
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ultimately determined a value of $3,000 per year for market rent value of the property. 

Applying a nine-percent capitalization rate and deducting for administrative costs, Welch 

determined that the sign site value was $32,667. He reached a value of $48,387 for the 

entire subject property of just over two acres. He explained that the total amount should 

go to the Gileses because he did not believe “that KEM has a positive leasehold position.” 

On cross-examination, he agreed that Cervenka applied a six percent capitalization rate, 

which would account for a the large portion of the difference between Cervenka’s $61,207 

valuation and his $48,387 valuation.

The jury awarded a total of $159,033, apportioning $85,667 to the Gileses and 

$73,366 to KEM. The State filed a motion for new trial challenging the factual and legal 

sufficiency of the evidence, which was denied. This appeal followed.

II. KEM’S EXPERT TESTIMONY

By its first and second issues, the State challenges the admissibility of the 

testimony of KEM’s experts regarding valuation. The State argues that the valuation 

theory used by KEM’s experts was “misleading, irrelevant, unreliable, and violative of

Texas condemnation law.”

The expert testimony of appraisal witnesses in condemnation actions must be 

relevant and reliable under Texas Rule of Evidence 702. Guadalupe-Blanco River Auth.

v. Kraft, 77 S.W.3d 805, 807 (Tex. 2002); Gammill v. Jack Williams Chevrolet, Inc., 972 

S.W.2d 713, 726 (Tex. 1998); see TEX. R. EVID. 702 (“A witness who is qualified as an 

expert by knowledge, skill, experience, training, or education may testify in the form of an 

opinion or otherwise if the expert’s scientific, technical, or other specialized knowledge 
8

will help the trier of fact to understand the evidence or to determine a fact in issue.”). 

Appraisal expertise is a form of specialized knowledge used to assist the trier of fact to 

determine a fact in issue. Guadalupe-Blanco River Auth., 77 S.W.3d at 807. We review 

the trial court’s decision to admit the expert appraisal testimony under the abuse of 

discretion standard. Id. A trial court does not abuse its discretion by admitting expert 

testimony if the testimony is relevant to the issues in the case and is based on a reliable 

foundation. State v. Cent. Expressway Sign Assocs., 302 S.W.3d 866, 870 (Tex. 2009); 

State v. Moore Outdoor Props., L.P., 416 S.W.3d 237, 247 (Tex. App.—El Paso 2013, 

pet. denied).

A. Billboard Revenue

The State’s first argument is that KEM’s experts used the advertising revenue from 

the billboard to determine the leasehold value, in violation of the holdings in State v. Clear 

Channel Outdoor, Inc., 463 S.W.3d 488 (Tex. 2015), and Central Expressway. KEM 

responds that the advertising revenue was not used to determine the leasehold value, but 

rather to determine the market value for the ground rent which was then used in the 

accepted methodology to determine the leasehold value of the subject property.

Texas recognizes three approaches to determining the market value of 

condemned property: the comparable sales method, the cost method, and the income 

method. Cent. Expressway, 302 S.W.3d at 871 (citing City of Harlingen v. Estate of 

Sharboneau, 48 S.W.3d 177, 182 (Tex. 2001)). In a condemnation proceeding, the 

burden to establish the value of the condemned property is on the condemnee. Religious 

of Sacred Heart of Tex. v. City of Houston, 836 S.W.2d 606, 613 (Tex. 1992).
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Texas law allows income from a business operated on the property to be 

considered in a condemnation proceeding in two situations: (1) when the taking, 

damaging, or destruction of property causes a material and substantial interference with 

access to one’s property, and (2) when only a part of the land has been taken, so that 

lost profits may demonstrate the effect on the market value of the remaining land and 

improvements. Cent. Expressway, 302 S.W.3d at 871. With the exception of these two 

situations, “income from a business operated on the property is not recoverable and 

should not be included in a condemnation award,” because profits from a business are 

speculative, and because the business itself has not been taken and can presumably 

continue to operate at another location. Id.

In Central Expressway, the Texas Supreme Court made it clear that revenues from 

billboard advertising cannot be used as the basis for determining the fair market value of 

property taken in a condemnation proceeding. Id. at 871–74 (noting that Texas courts 

“have refused to consider business income in making condemnation awards even when 

there is evidence that the business’s location is crucial to its success” and finding “nothing 

to indicate that a billboard’s location is any more significant to their business than it would 

be to a retail establishment whose profitability depends upon visibility and easy access”). 

However, that is not what KEM’s experts did. Here, KEM’s experts took into account the 

rents the owner could command in such a desirable location to determine the value of the 

property. The discussion around advertising revenue was to determine an appropriate 

rental amount for the property, not as the basis of the fair market value for the property 

taken. Accordingly, admission of the testimony did not violate the holdings of Clear 
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Channel and Central Expressway.

We note that, while “the loss of the business is not compensable and cannot be 

used to determine the value of the billboard structure,” “the advertising business income 

generated by a billboard should be reflected in the valuation of the land at its highest and 

best use.” Clear Channel, 463 S.W.3d at 490.

The income method can be used to value the land, but the relevant income 

is that received by the unified fee-holder for the use of the land, the property 

being condemned, not the business income generated by the billboards, the 

operator’s profits. The business income may be some indication of the 

rental value of the land for use as a billboard site, though other market 

factors are likely to be equally important, such as the availability of similar 

sites.

Id. at 497–98.

B. Undivided-Fee Rule

The State also argues that KEM’s expert testimony was unrealiable because it 

violated the unified or undivided-fee rule. Where condemned property is subject to 

multiple interests—for example, those of an owner, a lessee, and a sublessee—the 

“undivided-fee rule” provides that “the property is valued for condemnation purposes as 

if it were owned by a single party.” See Cent. Expressway, 302 S.W.3d at 873 (first citing 

State v. Ware, 86 S.W.3d 817, 822 (Tex. App.—Austin 2002, no pet.); and then citing 

Aronoff v. City of Dallas, 316 S.W.2d 302, 307–08 (Tex. App.—Texarkana 1958, writ ref’d 

n.r.e.)). “The purpose of the rule is to award full compensation for the land itself, and not 

for the sum of the different parts.” Id. (citing Ware, 86 S.W.3d at 824). “While each interest 

holder is entitled to a share of the compensation award, the award should be paid for the 

property itself, then apportioned between them.” Id. (citing Aronoff, 316 S.W.2d at 307–
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08) (cleaned up). “When the property is subject to a lease, the fact-finder first determines 

the market value of the entire property as though it belonged to one person, then 

apportions that value between the lessee and the owner of the fee.” Id. (first citing Urban 

Renewal Agency v. Trammel, 407 S.W.2d 773, 774 (Tex. 1966); and then citing Aronoff, 

316 S.W.2d at 302).

It is well-settled that a lessee is entitled, as a matter of law, to share in a 

condemnation award when part of its leasehold interest is lost by condemnation. Motiva 

Enters., LLC v. McCrabb, 248 S.W.3d 211, 214 (Tex. App.—Houston [1st Dist.] 2007, 

pet. denied); see also Texaco Ref. & Mktg., Inc. v. Crown Plaza Grp., 845 S.W.2d 340, 

342 (Tex. App.—Houston [1st Dist.] 1992, no writ). Both the fee owner and lessee are 

entitled to share in the award according to their respective interests. Texaco Ref. & Mktg., 

Inc., 845 S.W.2d at 342. Unless a lease provides that it terminates upon condemnation, 

the tenant will recover compensation for the unexpired term. Motiva Enters., L.L.C., 248 

S.W.3d at 214. A lessee has the burden to establish prima facie proof of its ownership 

interest in the subject property and the value of that interest. Soc’y of Mary’s Stars, Inc. 

v. State, 748 S.W.2d 320, 323 (Tex. App.—Fort Worth 1988, writ denied). A lessee is 

“entitled to receive compensation for the difference, if any, between the market rental and 

the contract rental for the balance” of the term. Tex. Pig Stands, Inc. v. Krueger, 441 

S.W.2d 940, 945 (Tex. App.—San Antonio 1969, writ ref’d n.r.e.).

The State argues that Baer’s expert testimony violated the undivided-fee rule 

because it only related to the leasehold interest value. We disagree. As the lessee, KEM 

bore the burden to establish proof of its ownership interest in the subject property and the 
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value of that interest. See Soc’y of Mary’s Stars, 748 S.W.2d at 323. Baer was not tasked 

with valuing the Gileses property as a whole and did not suggest that it recover the value 

of the leasehold separately from the value of the land. The jury was tasked with 

determining the value of the land as a whole and then to apportion that value between 

the Gileses and KEM. We cannot conclude that the testimony was unreliable for violating 

the undivided-fee rule.

C. Before-and-After Rule

The State additionally contends that KEM’s expert testimony violated the “beforeand-after rule.” The general rule for determining fair market value is the before-and-after 

rule, which requires measuring the difference in the value of the land immediately before 

and immediately after the taking. Callejo v. Brazos Elec. Power Coop., Inc., 755 S.W.2d 

73, 76 (Tex. 1988); City of Pearland v. Alexander, 483 S.W.2d 244, 247 (Tex. 1972). 

When, as here, only part of the land is taken for an easement, a partial taking occurs. 

Westgate, Ltd. v. State, 843 S.W.2d 448, 456 (Tex. 1992). In this situation, the beforeand-after rule still applies, but compensation is measured by the market value of the part 

taken plus any diminution in value to the remainder of the land. Id.; State v. Meyer, 403

S.W.2d 366, 371 (Tex. 1966); City of Austin v. Cannizzo, 267 S.W.2d 808, 812 (Tex. 

1954).

Much of the State’s argument in this sub-issue relates to KEM’s use of billboard 

revenue to determine property value. Having already determined that KEM’s use of 

billboard revenue to determine market value for ground rent was not improper, we decline 

to readdress that issue here. In any event, KEM’s experts testified as to the value of its 
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leasehold interest when the lease was entered into, the value at the time of the taking, 

and the projected value after. As such, the testimony did not violate the before-and-after 

rule.

D. Comparable Leases

The State next argues that KEM’s “use of comparable leases does not meet the 

test of similarity set forth by the Texas Supreme Court.”

Courts have long favored the comparable sales approach when determining 

the market value of real property. See, e.g., Bauer v. Lavaca-Navidad River 

Auth., 704 S.W.2d 107, 110 (Tex. App.—Corpus Christi[–Edinburg] 1985, 

writ ref’d n.r.e); County of Bexar v. Cooper, 351 S.W.2d 956, 958 (Tex.[] 

App.—San Antonio 1961, no writ); accord United States v. 8.41 Acres of 

Land, 680 F.2d 388, 395 (5th Cir. 1982). If the goal of an appraisal is to 

ascertain market value, then logically there can be no better guide than the 

prices that willing buyers and sellers actually negotiate in the relevant 

market. Under a comparable sales analysis, the appraiser finds data for 

sales of similar property, then makes upward or downward adjustments to 

these sales prices based on differences in the subject property.

City of Harlingen, 48 S.W.3d at 182. The State asserts that Baer “chose to ignore all of 

KEM’s leases in the market area” and instead used billboard leases located in areas with 

nearly thirteen times the amount of traffic flow, and all of which contained percentage-ofrevenue terms that were absent in the subject lease. While KEM argues that Baer’s 

presentation of the comparable leases was used to determine the percentage of revenue 

the leases paid in ground market rent, it also notes that “an expert’s opinion is not 

inadmissible for lacking market data; the lack of market data merely goes to the weight of 

the testimony and is a factor for the jury to consider in evaluating the credibility of the 

expert’s testimony.” Dallas County v. Crestview Corners Car Wash, 370 S.W.3d 35, 41, 

n.12 (Tex. App.—Dallas 2012, pet. denied). Baer did not use the supposedly comparable 
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leases to determine the value of the property; rather, he used the leases, as well as 

industry knowledge and review of industry materials, to determine that ground rent for the 

lease would be approximately thirty percent of advertising revenue. He then used that 

determination to make his opinion of the value of the leasehold in the subject property. 

As such, we agree with KEM that Baer’s opinion was not inadmissible on this ground, but 

rather the jury could consider what weight to give to the testimony based on the 

information he presented. See id.

E. Misrepresentations of Material Facts

In its last point in these issues, the State complains that Metoyer and Baer 

misrepresented material facts to mislead and confuse the jury. The State contends that 

the advertising revenue of $46,800 annually had no basis in fact and was controverted 

by KEM’s own evidence. 

As noted, to be admissible, expert opinions need to be both relevant and reliable. 

Cent, Expressway, 302 S.W.3d at 870. The State argues that the misleading calculations 

were unreliable because they were based on false figures of revenue. The State, on 

cross-examination of Metoyer, elicited testimony that prior to the taking, the billboard did 

not generate over $40,000 in annual income. However, Metoyer also testified that, on the 

actual date of the removal of the sign, there were two contracts in place for the sign, one 

for each side, each of which generated $3,600 per four-week period, which would have 

amounted to $46,800 for the year. 

While the State is correct that the projected annual advertising revenue of over 

$40,000 had never been generated in any single year prior to the taking, the expert 
15

testimony that such revenue will be generated under existing contracts was not false 

information. Jurors are the sole judges of the credibility of the witnesses and the weight 

to give their testimony. City of Keller v. Wilson, 168 S.W.3d 802, 819 (Tex. 2005). They 

may choose to believe one witness and disbelieve another. Id. Reviewing courts cannot 

impose their own opinions to the contrary. Id. As such, we do not find that KEM’s expert 

testimony was a misrepresentation of material facts.

We overrule the State’s first and second issues.

III. SUFFICIENCY OF THE EVIDENCE

By its third issue, the State contends that there was “no evidence or insufficient 

evidence” to support the jury’s verdict. We construe this as a challenge to the legal 

sufficiency of the evidence. When the appellant challenges the legal sufficiency of the

evidence supporting an adverse finding on which she did not have the burden of proof at 

trial, she must demonstrate that there is no evidence to support the adverse finding. See 

City of Keller, 168 S.W.3d at 827; Croucher v. Croucher, 660 S.W.2d 55, 58 (Tex. 1983). 

Under a legal sufficiency review, we consider all of the evidence in the light most favorable 

to the prevailing party, make every reasonable inference in that party’s favor, and 

disregard contrary evidence unless a reasonable factfinder could not. City of Keller, 168 

S.W.3d at 807, 822, 827. We cannot substitute our judgment for that of the factfinder if 

the evidence falls within this zone of reasonable disagreement. Id. at 822.

The evidence is legally insufficient to support a finding only if (1) the record 

discloses a complete absence of a vital fact, (2) the court is barred by rules of law or 

evidence from giving weight to the only evidence offered to prove a vital fact, (3) the only 
16

evidence offered to prove a vital fact is no more than a mere scintilla, or (4) the evidence 

conclusively establishes the opposite of a vital fact. Id. at 810. “Anything more than a 

scintilla of evidence is legally sufficient to support the finding.” Formosa Plastics Corp. 

USA v. Presidio Eng’rs & Contractors, Inc., 960 S.W.2d 41, 48 (Tex. 1998). “More than a 

scintilla [of evidence] exists when the evidence would enable reasonable and fair-minded 

people to reach different conclusions.” Burbage v. Burbage, 447 S.W.3d 249, 259 (Tex. 

2014). “However, if the evidence is so weak that it only creates a mere surmise or 

suspicion of its existence, it is regarded as no evidence.” Waste Mgmt. of Tex., Inc. v. 

Tex. Disposal Sys. Landfill, Inc., 434 S.W.3d 142, 156 (Tex. 2014).

In addition to repeating its attack on the admissibility of the valuation evidence, the 

State argues that the jury’s verdict in the amount of $159,033 is not supported by any of 

the evidence. Courts have recognized that a jury “is not tied to awarding damages exactly 

as requested by the injured party.” PNS Stores, Inc. v. Munguia, 484 S.W.3d 503, 519 

(Tex. App.—Houston [14th Dist.] 2016, no pet.) (first citing Bayer Corp. v. DX Terminals, 

Ltd., 214 S.W.3d 586, 606 (Tex. App.—Houston [14th Dist.] 2006, pet. denied); and then 

citing City of Fort Worth v. Zimlich, 29 S.W.3d 62, 73 (Tex. 2000)). Here, the jury heard 

evidence from experts that the property as a whole could be worth anywhere from 

$48,387 to $182,367. The jury awarded an amount less than KEM sought, but more than 

the State valued the property at. Because we have determined the evidence presented 

by the experts was properly before the jury, we conclude that the jury’s award was 

supported by legally sufficient evidence. See City of Keller, 168 S.W.3d at 827.

The State’s third issue is overruled.
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IV. CONCLUSION

The judgment of the trial court is affirmed.

NORA L. LONGORIA

Justice

Delivered and filed on the

16th day of November, 2023.