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AYERS v. MITCHELL

No. 06-04-00088-CV.

167 S.W.3d 924 (2005)

Roy A. AYERS, Appellant, v. Gail MITCHELL, Appellee.

Court of Appeals of Texas, Texarkana.

Decided July 12, 2005.

Rehearing Overruled August 16, 2005.

Attorney(s) appearing for the Case

Troy A. Hornsby, Miller, James, Miller & Hornsby, LLP, Texarkana, for appellant.

John R. Mercy, Mercy, Carter & Tidwell, LLP, Texarkana, John W. Alexander, Alexander and Hammonds, LLP, Winnsboro, for appellee.

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

OPINION

Opinion by Justice ROSS.

Roy A. Ayers and his wife, Lorayne, deposited funds in an account at a bank where they, along with two of their children, Gail Mitchell and Larry Ayers, were signatories on the account. Mitchell eventually gained sole control over the funds. Roy1 testified that he demanded a return of the funds. When Mitchell refused, Roy filed suit against her, alleging, among other things, breach of contract...

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