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OWENS v. OWENS

No. 14-04-00728-CV.

228 S.W.3d 721 (2006)

Gerald T. OWENS, Appellant, v. Sally Farrier OWENS, Appellee.

Court of Appeals of Texas, Fourteenth District, Houston.

Opinion Overruling Rehearing July 6, 2006.

Attorney(s) appearing for the Case

Kathleen A. Hurren, San Antonio, for appellant.

Robert J. Piro, Piro & Lilly, L.L.P., Houston, for appellee.

Panel consists of Justices HUDSON, FROST, and SEYMORE.

OPINION

KEM THOMPSON FROST, Justice.

Appellant Gerald T. Owens challenges the trial court's summary judgment in favor of appellee Sally Farrier Owens and the severance of that judgment. Concluding that the trial court erred in granting summary judgment and abused its discretion in granting a severance, we reverse and remand for further proceedings consistent with this opinion.

I. FACTUAL AND PROCEDURAL BACKGROUND

In December 1979, Gerald...

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