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BURNS v. BURNS

No. 04-98-00191-CV.

2 S.W.3d 339 (1999)

Richard Waller BURNS, Appellant, v. Waller Thomas BURNS II and Theo W. Pinson, III, Dependent Administrator of the Estate of Dorothy Jane Burns, Deceased, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled July 6, 1999.

Attorney(s) appearing for the Case

James P. Barnett, Jr., James P. Barnett, Jr. & Associates, P.C., Houston, for appellant.

Theo W. Pinson, Pinson & Associates, P.C., Houston, Steven A. Fleckman, Brian L. Burgess, Fleckman & McFlynn, P.L.L.C., Austin, for appellee.

Before PHIL HARDBERGER, Chief Justice CATHERINE STONE, Justice SARAH B. DUNCAN, Justice.

OPINION

Opinion by: PHIL HARDBERGER, Chief Justice.

Richard Waller Burns appeals the trial court's grant of summary judgment in favor of his brother, Waller Thomas Burns, II, and Theo Pinson, as Dependent Administrator of the Estate of Dorothy Jane Burns. In two points of error, Richard Waller Burns argues that the trial court erred in granting summary judgment because the trial court lacked subject matter jurisdiction, or, alternatively, that a genuine...

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