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CORPENING v. CORPENING

No. 18443.

608 S.W.2d 329 (1980)

Joseph F. CORPENING, Individually and as Independent Executor of the Estate of A. V. Corpening, Jr., Deceased, and as Trustee of the A. V. Corpening, Jr. Inter Vivos Trust v. A. V. CORPENING III, Joseph D. Corpening, Ann S. Corpening, Individually and as Next Friend of Melissa Corpening, a Minor.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied December 4, 1980.

Attorney(s) appearing for the Case

Jennings, Montgomery, Dies & Turner, Graham, Watson, Ice & McGee and Noel C. Ice, Fort Worth, for appellant.

McDonald, Sanders, Ginsburg, Phillips, Maddox & Newkirk and Robert D. Maddox and Robert S. Newkirk, Fort Worth, for appellee.

OPINION

PER CURIAM.

By our opinion in this case we hold it to be proper to dismiss, on motion, appeal from order overruling a plea of privilege when it is shown that such plea of privilege of defendant/appellant could not have urged a right to have the suit removed from the county of suit because it was not timely filed under the rules relating to due order of pleading.

For convenience the defendant Joseph F. Corpening, individually and in various...

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