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OLIVARES v. NIX TRUST

No. 04-02-00942-CV.

126 S.W.3d 242 (2003)

Jose F. OLIVARES and Nancy C. Olivares, Individually and as Trustee, Appellants, v. Birdie L. NIX TRUST, Appellee.

Court of Appeals of Texas, San Antonio.

November 5, 2003.

Attorney(s) appearing for the Case

Pepos S. Dounson, San Antonio, for appellants.

Jeffrey T. Cullinane, Cathy Raba Turcotte, Douglas W. Sanders, Oppenheimer, Blend, Harrison & Tate, Inc., San Antonio, for appellee.

Sitting: ALMA L. LÓPEZ, Justice, SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice.

OPINION

Opinion by: ALMA L. LÓPEZ, Chief Justice.

This appeal is from the grant of the Birdie Nix Trust's ("BNT") Motion to Pay Judgment, under which the trial court ordered payment to BNT, as lienholder, from condemnation proceeds deposited in the registry of the court. The Olivareses present four issues on appeal: (1) whether Jose Olivares owned the property at the time BNT recorded its abstract of judgment; (2) whether the abstract of judgment substantially...

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