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GANSKE v. SPENCE

No. 10-01-315-CV.

129 S.W.3d 701 (2004)

Jary GANSKE and Shirley Ganske, Appellants, v. Donna SPENCE, as Independent Executor of the Estate of Wayman R. Spence, Deceased, Appellee.

Court of Appeals of Texas, Waco.

January 28, 2004.

Attorney(s) appearing for the Case

David G. Tekell, Law Office of David G. Tekell, Waco, James D. Baskin, III, Baskin Law Firm, Austin, for appellants.

Artie G. Giotes, Jim Hering, Pakis, Giotes, Page & Burleson, P.C., Waco, for appellee.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

TOM GRAY, Chief Justice.

The trial court granted summary judgment for Donna Spence, as independent executor of the estate of Wayman R. Spence. Jary and Shirley Ganske complain that the contract provision at issue is ambiguous. Further, Jary and Shirley argue that summary-judgment evidence was improperly excluded and that their claims are not barred by res judicata. Accordingly, Jary and Shirley assert that the trial court erred in granting the summary...

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