SAGESTER v. WALTRIP

No. 03-97-00651-CV.

970 S.W.2d 767 (1998)

Linda SAGESTER, Appellant, v. Burroughs Allen WALTRIP, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled July 30, 1998.


Attorney(s) appearing for the Case

Susan Lee Voss, McCabe & Voss, Austin, for appellant.

Christopher B. Keller, Austin, for appellee.

Before POWERS, ABOUSSIE and B.A. SMITH, JJ.


BEA ANN SMITH, Justice.

Linda Sagester appeals from the take-nothing summary judgment rendered against her claim to a share of the military retirement benefits paid to her former husband, Burroughs Allen Waltrip.1 The trial court concluded that both a two-year and four-year statute of limitations barred her suit. Sagester contends that Waltrip's general denial filed in her 1977 suit for the same benefits was not a repudiation sufficient...

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