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WILDERNESS COVE v. COLD SPRING GRANITE CO.

No. 03-01-00243-CV.

62 S.W.3d 844 (2001)

WILDERNESS COVE, LTD., Appellant, v. COLD SPRING GRANITE COMPANY, Appellee.

Court of Appeals of Texas, Austin.

November 15, 2001.

Attorney(s) appearing for the Case

Glenn K. Weichert, Glenn K. Weichert & Associates, Karen L. Watkins, McGinnis, Lochridge & Kilgore, L.L.P., Austin, Neal A. Kennedy, Law Offices of Neal A. Kennedy, Marble Falls, for appellant.

Gregg R. Brown, Germer, Berman, Gertz, Beaman & Brown, LLP, Roy Q. Minton, Minton Burton Foster & Collins PC, Marcy Hogan Greer, Robert G. Converse, Shannon H. Ratliff, II, Brian S. Greig, Fulbright & Jaworski, LLP, J. Woodfin Jones, Scott, Douglass & McConnico LLP, Austin, for appellee.

Before Justices KIDD, YEAKEL and PATTERSON.

MACK KIDD, Justice.

Wilderness Cove, Ltd. ("Wilderness Cove") appeals the judgment of the trial court declaring that Cold Spring Granite Company ("Cold Spring") holds an undivided interest in the granite on the property that is the subject of this lawsuit, and that Cold Spring may enter that property to quarry and remove its granite. The issues presented by this appeal are: (1) did the acquisition of the granite by Cold Spring's predecessor give it a severable estate...

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