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DONZIS v. McLAUGHLIN

No. 04-97-00489-CV.

981 S.W.2d 58 (1998)

Byron A. DONZIS and Carmel Research, Inc., Appellants, v. Mark McLAUGHLIN and Tom McCarvill, Appellees.

Court of Appeals of Texas, San Antonio.

July 15, 1998.

Attorney(s) appearing for the Case

Michael B. Lee, Greenberg, Peden, Siegmyer & Oshman, P.C., Erik B. Walker, McCalanahan & Clearman, L.L.P., Houston, for appellant.

R. Laurence Macon, Katherine Compton, Akin, Gump, Strauss, Hauer & Feld, L.L.P., San Antonio, for appellee.

Before HARDBERGER, C.J., and LÓPEZ and ANGELINI, JJ.

HARDBERGER, Chief Justice.

Appellants, Byron A. Donzis ("Donzis") and Carmel Research, Inc. ("Carmel"), appeal a summary judgment order incorporating the terms of a draft settlement agreement. Donzis and Carmel filed separate briefs contending the trial court erred in granting the summary judgment because: (1) a material issue of fact exists as to whether the terms of the settlement agreement are more expansive than the terms of the Rule 11 Agreement; (2) the affidavit...

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