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PICKELNER v. ADLER

No. 01-03-01050-CV.

229 S.W.3d 516 (2007)

Robert S. PICKELNER and Ian Hurwitz, Appellants v. David ADLER, Independent Executor of the Estate of Shirley Alpha, Deceased; Suzanne Alpha Johnston; Calvin "Ken" Alpha Jr.; Granville Alpha Jr.; Roland Alpha; Sharon Alpha Marino; Carol Marie Bailey Smith; Mary Elizabeth Bailey, as Independent Executrix for the Estate of John Buck Bailey, Deceased; Robert F. Bailey Jr.; Charles Lyle Bailey; Marion Louise Bailey; Nadyne Elizabeth Baker; Philip A. Masquelette, Attorney Ad Litem for the Unknown Heirs of the Estate of Shirley Alpha, Deceased; Lynn Alpha Smith; Carol Diane Durbin; Dolores Ann Liccioni Forsyth; Charlotte Liccioni Hawthorne; Ridgeway Watson Liccioni Jr.; Martha Jean Liccioni Rainey; Charles Edward Liccioni; Otis Lee Durbin; William Robert Durbin; and Miles Pittelkow Jr., Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

June 28, 2007.

Attorney(s) appearing for the Case

Carol Nelkin, Stuart M. Nelkin, Nelkin & Nelkin, Houston, Scott Rothenberg, Law Offices of Scott Rothenberg, Bellaire, for Appellants.

Anthony W. Sauer, Fredericksburg, for Appellees.

Panel consists of Justices TAFT, JENNINGS, and ALCALA.

OPINION

TIM TAFT, Justice.

Appellants, Robert S. Pickelner and Ian Hurwitz, appeal separately from a final judgment rendered in a probate matter. We determine (1) whether the trial court erred by denying Pickelner's motion for new trial for the mistaken reason that the motion had been belatedly filed; (2) whether Hurwitz preserved his complaint that the trial court erred by not rendering judgment in accordance with a partial settlement agreement and whether...

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