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KILPATRICK v. KILPATRICK

No. 2-05-237-CV.

205 S.W.3d 690 (2006)

Donald E. KILPATRICK & Pamela Gale Johnson, Trustee, Appellants. v. Timothy S. KILPATRICK, Kevin K. Kilpatrick, Kilpatrick Limited Partnership, Kilpatrick Ventures, Ltd., Shamrock Investments, L.L.C., KSR Family, Ltd., KMK Family, Ltd., BPC Holding Corp., Pescor, Inc., and Berry Plastics Corporation, Appellees.

Court of Appeals of Texas, Fort Worth.

October 5, 2006.

Attorney(s) appearing for the Case

Pennington Hill, LLP and H. Allen Pennington, Jr., Fort Worth, for appellant.

Kelly, Hart & Hallman, P.C., Marshall M. Searcy, Jr., William N. Warren, and Caj. D. Boatright, Fort Worth, for appellee.

PANEL A: LIVINGSTON, WALKER, and McCOY, JJ.

OPINION

BOB McCOY, Justice.

I. Introduction

In three issues, Donald E. Kilpatrick asserts (1) his standing to prosecute his claims regarding his ownership of certain stock, (2) the status of Trustee Pamela Gale Johnson as a proper party to a lawsuit involved in this appeal, and (3) alternatively, the proper filing of an amended pleading concerning Pamela Gale Johnson, which the trial court refused to recognize. We affirm.

II. Factual and...

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