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MILLER v. GANN

No. 01-91-00085-CV.

822 S.W.2d 283 (1991)

Ralph K. MILLER, Appellant, v. William Mac GANN, Jim M. Perdue, and MGP Farm & Ranch, a Texas Partnership, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied January 23, 1992.

Attorney(s) appearing for the Case

Ralph K. Miller, New Braunsfels, for appellant.

Stanley Binion, Kevin Dubose, Houston, for appellees.

Before DUNN, SAM BASS and HUGHES, JJ.

OPINION

DUNN, Justice.

The issue in this appeal is whether the trial court's dismissal of three theories of recovery regarding appellant's cause of action was reversible error. We hold that the dismissal probably caused the rendition of an improper judgment, and reverse and remand. Tex.R.App.P. 81(b).

The parties dispute whether a 216 acre tract of land in Brazoria County, Texas is owned by Miller, Gann, and Perdue, individually, or by MGP Partnership...

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