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ALLEN v. ALLEN

No. 07-06-0150-CV.

280 S.W.3d 366 (2008)

Thomas Everett ALLEN, Appellant, v. Barbara ALLEN and Andrew Sidney Allen, III, and Jan Yates Boultinghouse, Appellees.

Court of Appeals of Texas, Amarillo.

August 21, 2008.

Attorney(s) appearing for the Case

Claude E. Ducloux, Hill Ducloux Carnes & Hopper, Austin, H. Bryan Hicks, Marble Falls, for Appellant.

Richard T. Miller, Darrel D. Spinks, Miller & Spinks, LLP, San Saba, for Appellee.

Richard L. Welch, Law Office of Richard L. Welch, Austin, for Intervenor.

Robert T. Bass, for Llano County.

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

OPINION

JAMES T. CAMPBELL, Justice.

The motions for rehearing of appellees Barbara Allen and Andrew Allen and Jan Yates Boultinghouse are denied. We withdraw our opinion of April 15, 2008, and substitute the following opinion. The judgment issued April 15, 2008, remains in place.

This declaratory judgment action concerning access to land was partially resolved by summary judgment with the remaining issues tried by jury. In its judgment, the trial...

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