IN RE ESTATE OF CHAVANA

No. 04-97-00904-CV.

993 S.W.2d 311 (1999)

In re ESTATE OF Ricardo CHAVANA, Jr., Deceased.

Court of Appeals of Texas, San Antonio.

April 28, 1999.


Attorney(s) appearing for the Case

Anthony C. McGettrick, Law Offices of Francisco J. Saldana, Jr., Laredo, for appellant.

R. Stephen McNally, Law Offices of R. Stephen McNally, Austin, for appellee.

Before PHIL HARDBERGER, Chief Justice, TOM RICKHOFF, Justice and CATHERINE STONE, Justice.


OPINION ON APPELLEE'S MOTION FOR REHEARING

Opinion by: PHIL HARDBERGER, Chief Justice.

On rehearing, we withdraw our prior opinion and judgment and substitute this opinion and judgment for the sole purpose of clarifying that Elsa was required to prove Chavana's paternity by a preponderance of the evidence, not clear and convincing evidence, on her motion for summary judgment. We affirm the trial court's granting of summary judgment in favor of Elsa.

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