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MONTEMAYOR v. ORTIZ

Nos. 13-04-224-CV, 13-04-358-CV.

208 S.W.3d 627 (2006)

G. Xavier MONTEMAYOR and Franklin T. Graham, Jr., Appellants, v. Becky ORTIZ, d/b/a Schors, Appellee. G. Xavier Montemayor and Franklin T. Graham, Jr., Appellants, v. Jose Antonio Ortiz Fernandez, Jose Antonio Ortiz Celada, and Wife, Becky Ortiz, Appellees.

Court of Appeals of Texas, Corpus Christi-Edinburg.

Supplemental Opinion Denying Rehearing November 16, 2006.

Attorney(s) appearing for the Case

Gilberto Hinojosa, Magallanes, Hinojosa & Mancias, Brownsville, William Kimball, Harlingen, for appellants.

Shelby Jordan, J. Norman Thomas, Jordan, Hyden, Womble & Culbreth, P.C., Corpus Christi, for appellees.

Before Justice HINOJOSA, YAÑEZ, and CASTILLO.

OPINION

Opinion by Justice CASTILLO.

These two appeals were consolidated for the purposes of briefing and argument, and will now be addressed in a single opinion. Cause number 13-04-358-CV began as a declaratory judgment action filed on May 15, 2002, by appellants, G. Xavier Montemayor and Franklin T. Graham, Jr. (collectively "Montemayor"), against appellees Jose Antonio Ortiz Fernandez ("Fernandez"), his son Jose Antonio Ortiz Celada ("Celada") and Celada...

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