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IN RE HENRY

Nos. 01-07-00601-CV, 01-07-00622-CV.

274 S.W.3d 185 (2008)

In re David HENRY, Relator. David Henry, Appellant, v. James McMichael and Elizabeth Ann Koehler, Co-Independent Executors of the Estate of W.T. McMichael, and Catherine McMichael, Appellees.

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

Rehearing Overruled December 3, 2008.

Attorney(s) appearing for the Case

John W. Havins, Havins & Associates, P.C., Houston, Scott A. Whisler, Scott A. Whisler, P.C., Dallas, for Relator.

Lynn J. Klement, Law Office of Lynn J. Klement, Angleton, TX, for Real Party In Interest.

Panel consists of Justices TAFT, HANKS, and HIGLEY.

OPINION ON MOTION FOR REHEARING

GEORGE C. HANKS, JR., Justice.

On April 24, 2008, this Court issued an opinion affirming the trial court's judgment. Appellant David Henry filed a motion for rehearing. After due consideration, we deny Henry's motion for rehearing, but withdraw our opinion and substitute the following. Our judgment in this case remains unchanged.

On interlocutory appeal, relator, David Henry alleges that the Brazoria County trial court...

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