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IN RE MARRIAGE OF HOLIK

No. 10-07-00239-CV.

243 S.W.3d 861 (2008)

In the Matter of the MARRIAGE OF Jackie HOLIK and Melissa Holik and in the Interest of A.F.H., a Child.

Court of Appeals of Texas, Waco.

February 6, 2008.

Attorney(s) appearing for the Case

David W. Person, Attorney At Law, Houston, Sloane J. Underwood, Underwood & Associates, Bellaire, TX, for Appellant/Relator.

Joe B. Henderson, Smither Martin Henderson & Blazek, Huntsville, TX, for Appellee/Respondent.

CONCUR WITH ORDER

BILL VANCE, Justice,

On November 14, 2007, the majority, citing Rules of Appellate Procedure 42.3(b), (c) and 44.3, dismissed this appeal because no docketing statement had been filed for the Appellant. TEX.R.APP. P. 32.1. I dissented with a note, saying:

The clerk's record, contains a motion for new trial supported by Appellant's affidavit, which shows that this appeal has arguable merit. Our records affirmatively show that the...

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