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PAJESTKA v. VISCARDI

No. 12,641.

562 S.W.2d 13 (1978)

Albina PAJESTKA, Appellant, v. Josephine VISCARDI, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied March 1, 1978.

Attorney(s) appearing for the Case

James Chrisman Phillips, Graves, Dougherty, Hearon, Moody & Garwood, Austin, for appellant.

Malcom Smith, Austin, for appellee.

SHANNON, Justice.

Josephine Viscardi, appellee, filed a declaratory judgment suit in the district court of Travis County. Viscardi sought a declaration of her right to use a driveway or alleyway located between her lot and the lot of Albina Pajestka, appellant. In addition, Viscardi sought the entry of an order permanently enjoining Pajestka from interfering with her use of the driveway.

Both parties filed motions for summary judgment. The district court entered...

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