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CLAUSS v. McEWIN

No. 11-02-00236-CV.

110 S.W.3d 473 (2003)

Karl CLAUSS, Appellant, v. Marianne McEWIN, Independent Executrix of the Estate of Doris Emdia Bixby, Deceased, Appellee.

Court of Appeals of Texas, Eastland.

March 20, 2003.

Attorney(s) appearing for the Case

Lance Baxter, Baxter, Gibbs & Robison, McKinney, for appellant.

W. Blake Hyde, Stephen R. Marsh, Law office of W. Blake Hyde, Richardson, for appellee.

Panel consists of: ARNOT, C.J., and WRIGHT, J., and McCLOUD, S.J.

Opinion

AUSTIN McCLOUD, Senior Justice (Retired).

This case involves a collateral attack on a judgment in an attempt to avoid the effect of the compulsory counterclaim rule. Karl Clauss sued Marianne McEwin as the Independent Executrix of the Estate of Doris Emdia Bixby, Deceased, for damages sustained by Clauss resulting from an automobile accident involving Clauss and Doris Emdia Bixby. The trial court granted...

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