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TORRES v. RAMON

No. 04-98-00888-CV.

5 S.W.3d 780 (1999)

Esther Gill TORRES, Individually and on Behalf of Mary C. Ramon as Permanent Guardian of the Person and Estate of Mary C. Ramon, Appellant, v. Horacio RAMON, Appellee.

Court of Appeals of Texas, San Antonio.

September 8, 1999.

Attorney(s) appearing for the Case

Frederick R. Zlotucha, Bert G. Miller, Law Offices of Frederick R. Zlotucha, San Antonio, for Appellant.

William Hawbecker, San Antonio, Mark L. Medley, Law Office of Mark L. Medley, P.C., San Antonio, T. Marc Perkins, San Antonio, Adam Poncio, Law Offices of Cerda & Poncio, P.C., San Antonio, for Appellee.

Sitting: PHIL HARDBERGER, Chief Justice, ALMA L. LÓPEZ, Justice, PAUL W. GREEN, Justice.

OPINION

Opinion by: PAUL W. GREEN, Justice.

This appeal arises from a probate proceeding in which Esther Torres and Horacio Ramon each asked to be named the guardian of Mary Ramon. The probate court found that, although Horacio was Mary's common-law husband, Esther should be named guardian. On appeal, Esther contends it was unnecessary to determine whether Horacio was Mary's common-law husband. We agree, modify the judgment to delete the unnecessary finding...

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