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MILLER v. ELLIOTT

No. 12-01-00370-CV.

94 S.W.3d 38 (2002)

Toby R. MILLER and Wife, Rachael A. Miller, Appellants, v. John ELLIOTT, Appellee.

Court of Appeals of Texas, Tyler.

Rehearing Overruled August 23, 2002.

Attorney(s) appearing for the Case

Joel C. Elliott, for appellant.

Richard D. Davis, Austin, for appellee.

Panel consisted of GOHMERT, JR., C.J., WORTHEN, J., and GRIFFITH, J.

LOUIS B. GOHMERT, JR., Chief Justice.

Toby R. Miller and his wife, Rachael A. Miller (collectively the "Millers") appeal the trial court's order granting a no-evidence summary judgment in favor of Appellee, John Elliott ("Elliott"). The Millers raise one issue on appeal. We affirm.

BACKGROUND

This suit involves the Millers' right of access to their real property (the "Miller Property"). The Miller Property was previously part of a larger tract...

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