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KENT v. HOLMES

No. 06-03-00071-CV.

139 S.W.3d 120 (2004)

Alan Brad KENT, Individually and as Independent Executor of The Estate of Linda Ann McWhorter, Deceased, and Cassie Elizabeth Kent, Appellant v. Tommy Joe HOLMES, Appellee.

Court of Appeals of Texas, Texarkana.

Decided June 30, 2004.

Attorney(s) appearing for the Case

Steven M. Dowd, Law Offices of Steven M. Dowd, Austin, TX, for appellant.

Raymond C. Winter, Assistant Attorney General, Law Enforcement Defense Division, Austin, TX, for Teacher Retirement System of Texas-Amicus Curiae.

Robert Underwood, Carthage, TX, for appellee.

Before MORRISS, C.J., ROSS and CARTER, JJ.

OPINION

Opinion by Justice CARTER.

The dispute in this case concerns the distribution of a retirement annuity from the Teacher Retirement System of Texas (TRS) accumulated by Linda Ann Holmes McWhorter. After McWhorter retired from her teaching career, she and her husband, Tommy Joe Holmes, obtained a divorce. The divorce decree granted McWhorter sole right to the retirement benefits and divested Holmes of any right to the benefits. TRS refused to recognize...

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