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CADLE CO. v. JENKINS

No. 05-07-00774-CV.

266 S.W.3d 4 (2008)

The CADLE COMPANY, Appellant, v. Jo Beth Batterton JENKINS a/k/a Jo Beth Schlatterer, Appellee.

Court of Appeals of Texas, Dallas.

August 14, 2008.

Attorney(s) appearing for the Case

Michael J. Scott, Michael J. Scott, P.C., Dallas, TX, for Appellant.

Richard A. Rohan, Charles J. Blanchard, Carrington, Coleman, Sloam & Blumenthal, LLP, Dallas TX, for Appellee.

Before Justices MORRIS, FITZGERALD, and LANG.

OPINION

Opinion by Justice FITZGERALD.

The Cadle Company ("Cadle") appeals the trial court's Order Sustaining Defendant's Special Exceptions and Granting Motion to Dismiss (the "Order"), which dismissed with prejudice Cadle's suit to renew a judgment against appellee Jo Beth Batterton Jenkins a/k/a Jo Beth Schlatterer ("Jenkins"). Cadle challenges the dismissal in two issues, contending it was erroneously predicated on an affirmative defense and it erroneously...

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