OPINION
LEE, Justice.
Appellant, Robert O. Jackson, appeals two summary judgments granted in favor of appellees, KDI Corporation and KDI Aqua Systems, Inc. (collectively KDI). KDI initially obtained a summary judgment in 1991. The El Paso Court of Appeals determined the summary judgment was interlocutory because it did not address Jackson's "trademark cause of action." Jackson v. Coldspring Terrace Property Owners Ass'n,
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