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BELLATTI v. BELLATTI

No. 8020.

564 S.W.2d 168 (1978)

Lawrence BELLATTI, Appellant, v. Mary Ann Abbott BELLATTI, Appellee.

Court of Civil Appeals of Texas, Beaumont.

March 16, 1978.

Attorney(s) appearing for the Case

Paul R. Lawrence, Houston, for appellant.

L. A. Greene, Jr., Houston, for appellee.

KEITH, Justice.

Our opinion handed down on February 16, 1978, is now withdrawn and this opinion substituted in lieu thereof. Pursuant to instructions from the Supreme Court of Texas, we set aside our earlier order dismissing the appeal and now consider appellee's motion for imposition of penalty under Tex.R.Civ.P. 438, for the prosecution of a frivolous appeal.

Appellant sought a no-fault divorce, Tex. Family Code Ann. § 3.01 (1975), and...

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