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CLAYTON v. MONY LIFE INS. CO. OF AMERICA

No. 09-07-00527-CV.

284 S.W.3d 398 (2009)

Daniel D. CLAYTON, Appellant, v. MONY LIFE INSURANCE COMPANY OF AMERICA, Appellee.

Court of Appeals of Texas, Beaumont.

Decided February 26, 2009.

Attorney(s) appearing for the Case

Daniel D. Clayton, Daniel D. Clayton, P.C., Beaumont, pro se.

Carl C. Scherz, W. Scott Hastings, Jeffrey A. Logan, Erik A. Marshall, Locke Lord Bissell & Liddell, LLP, Dallas, for appellee.

Before McKEITHEN, C.J., GAULTNEY and KREGER, JJ.

OPINION

DAVID GAULTNEY, Justice.

This is an appeal from the trial court's discharge order granting an interpleader filed by MONY Life Insurance Company of America. We conclude the court did not abuse its discretion by permitting interpleader and granting a discharge related to annuity payments tendered and made in compliance with the court order. However, the trial court erred by dismissing with prejudice certain pre-interpleader claims, and considering...

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