THARP v. THARP

No. 05-88-00628-CV.

772 S.W.2d 467 (1989)

Leonard Barrett THARP, Appellant, v. Blucher Stanley THARP, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied June 21, 1989.


Attorney(s) appearing for the Case

J. Allen Smith, Dallas, for appellant.

Charles O. Shields, Dallas, for appellee.

Before WHITHAM, BAKER and THOMAS, JJ.


THOMAS, Justice.

Appellant, Leonard Barrett Tharp (ex-wife), brought suit to partition certain retirement benefits asserting that they were not divided in her divorce from appellee, Blucher Stanley Tharp (ex-husband). The trial court granted the ex-husband's motion for summary judgment finding that the retirement benefits were divided by virtue of a residuary clause, and thus the claim was barred by res judicata. In this appeal, the ex-wife asserts that the trial...

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