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McCARTY v. LOFTICE

No. 20003.

587 S.W.2d 547 (1979)

Lou Jean Cawthon McCARTY, Appellant, v. Vivian Diann Cawthon LOFTICE, Individually and as next friend for Lori Ann Cawthon, a minor and Opal Jane Cawthon Wright, Appellee.

Court of Civil Appeals of Texas, Dallas.

August 31, 1979.

Attorney(s) appearing for the Case

James E. Fordham, Jr., Dallas, for appellant.

James A. Frazier, McKinney, for appellee.

Before GUITTARD, C. J., and CARVER and STOREY, JJ.

STOREY, Justice.

This is an appeal from an order overruling defendant's plea of privilege to be sued in Dallas County, Texas, and placing venue in Collin County, Texas. The issue is whether this suit is an attempt to revise probate proceedings under Tex.Rev.Civ. Stat.Ann. art. 1995, subdivision 18 (Vernon 1964). We conclude that subdivision 18 does not control, and venue was properly retained in Collin County. Affirmed.

Plaintiffs are surviving children of...

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