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TOMLINSON v. TOMLINSON

No. 13-96-412-CV.

960 S.W.2d 337 (1997)

Lynn TOMLINSON, Appellant, v. Toni Annette TOMLINSON, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled February 5, 1998.

Attorney(s) appearing for the Case

Michael Stukenberg, W. Roger Durden, Scott L. Sherman, Matthews & Branscomb, Corpus Christi, for appellant.

Bradford M. Condit, Corpus Christi, for appellee.

Before FEDERICO G. HINOJOSA, Jr., CHAVEZ and RODRIGUEZ, JJ.

OPINION

CHAVEZ, Justice.

The trial court granted the cross-motion for summary judgment of appellee, Toni Annette Tomlinson. We reverse and remand for proceedings consistent with this opinion.

Facts

The relevant facts underlying this opinion are essentially uncontroverted. Richard Tomlinson ("Richard"), deceased, was a participant in the Walter Rossler Company Profit Sharing Plan and Trust ("Rossler Plan"). During Richard's marriage to appellee...

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