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AUSTIN v. AUSTIN

No. B-8937.

603 S.W.2d 204 (1980)

Mildred E. AUSTIN, Petitioner, v. Victor Leon AUSTIN, Respondent.

Supreme Court of Texas.

Rehearing Denied July 30, 1980.

Attorney(s) appearing for the Case

Terry L. Belt, Austin, for petitioner.

Harriet Samon Owen, Austin, for respondent.

McGEE, Justice.

This is the second appeal from a suit for divorce filed in 1975 by Mildred Austin. At the time of the trial Mrs. Austin was seriously ill and was unable to attend. Following a trial to the court, the judge announced in open court the manner in which the property was to be divided. Mrs. Austin died before a written decree was signed. Mr. Austin filed a plea in abatement and the trial court dismissed the divorce suit. On appeal by Mrs. Austin's legal...

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