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SUDAN v. SUDAN

No. 14-01-00854-CV.

145 S.W.3d 280 (2004)

Margaret Dye SUDAN, now known as Maggie Mackenzie, Appellant v. Philip P. SUDAN, Jr., Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Overruled September 30, 2004.

Attorney(s) appearing for the Case

Katherine J. Walters, Austin, Ellen Elkins Grimes, Houston, for appellant.

J.D. Bucky Allshouse, Mark S. Hellinger, Houston, for appellee.

Panel consists of Justices HUDSON, EDELMAN, and SEYMORE.

OPINION ON THIRD MOTION FOR REHEARING

RICHARD H. EDELMAN, Justice.

Appellant's and Appellee's motions for rehearing are overruled, our opinions issued in this case on January 15, 2004 are withdrawn, and the following majority and dissenting opinions are issued in their place.

In this case to enforce an agreement incident to divorce, Margaret Dye Sudan, now known as Maggie Mackenzie ("Mackenzie"), appeals a summary judgment

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