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McKEE v. SMITH

No. 2-97-076-CV.

965 S.W.2d 52 (1998)

Robert D. McKEE, Appellant, v. Wanda Lee SMITH; Don A. Smith; and Don A. Smith, Ph.D., Inc., Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled April 9, 1998.

Attorney(s) appearing for the Case

Sawko & Burroughs, L.L.P., Gregory Sawko, Denton, for Appellant.

Philips and Hopkins, P.C., Robert N. Eames, Denton, for Appellee.

Wanda Lee Smith, Denton, pro se.

Before DAY, DAUPHINOT and HOLMAN, JJ.

OPINION

DAUPHINOT, Justice.

Appellant Robert McKee attempted to force the sale of a piece of real property owned by Appellee Wanda Smith to satisfy a judgment against her. Wanda leases the property to Don A. Smith, Ph.D., Inc., a corporation wholly owned by Wanda's husband Don. The corporation is the family's only means of support and the property its only place of business.

Appellees claimed that the property was protected by the business homestead...

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