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KADLECEK v. KADLECEK

No. 03-01-00535-CV.

93 S.W.3d 903 (2002)

Edward John KADLECEK, Jr., Appellant, v. Marilyn Holtman KADLECEK, Appellee.

Court of Appeals of Texas, Austin.

December 19, 2002.

Attorney(s) appearing for the Case

Carter Casteel, Casteel & Casteel, P.C., New Braunfels, for appellant.

Kenneth D. Brazle, Brazle & Pfeuffer, L.L.P., Frank B. Suhr, Jr., New Braunfels, for appellee.

Before Chief Justice ABOUSSIE, Justices B.A. SMITH and YEAKEL.

LEE YEAKEL, Justice.

Appellant Edward Kadlecek appeals the district court's postdivorce order that among other things awarded a civil-service former-spouse survivor annuity to his former wife, appellee Marilyn Kadlecek. Raising two issues, Edward contends that res judicata barred the postdivorce award of the survivor annuity because the right to elect a survivor annuity was awarded to him pursuant to the residuary clause in the agreed property-settlement portion...

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