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PROTOTYPE MACH. CO. v. BOULWARE

No. 04-07-00662-CV.

292 S.W.3d 169 (2009)

PROTOTYPE MACHINE COMPANY, Appellant, v. Toledo P. BOULWARE, Individually and as Trustee; Dos Angeles, L.P.; Zach and Kayla Davis; DMC Partners, Ltd.; Willie Jo Dooley, L.P.; Hayden G. Haby and Doris Y. Haby; Hayden G. Haby, Jr. and Dennette Haby Coates; Melanie and John Jones in Their Capacity as Joint Representatives of The Ben Jones Jr. Estate and Ben Jones Sr. Estate; McDaniel Farms, Inc.; Jewel F. Robinson and 4-S Ranch; Kinney County Groundwater Conservation District; and Darlene Shahan in Her Capacity as General Manager of Kinney County Groundwater Conservation District, Appellees.

Court of Appeals of Texas, San Antonio.

April 8, 2009.

Attorney(s) appearing for the Case

Phillip Poplin, Stuart Henry, Henry & Poplin, Austin, TX, for Appellant.

Max Renea Hicks, Law Office of Max Renea Hicks, Edmond R. McCarthy, Jackson, Sjoberg, McCarthy & Wilson, Paul M. Terrill, III, Hazen & Terrill, P.C., Austin, TX, Tully Shahan, Brackettville, TX, Louis T. Rosenberg, Law Office of Louis T. Rosenberg, P.C., San Antonio, TX, for Appellees.

Sitting: KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice.

OPINION

Opinion by SANDEE BRYAN MARION, Justice.

This appeal arises from the trial court's order striking appellant's plea in intervention. In an opinion and judgment dated December 17, 2008, we concluded that because appellant was denied notice of the motion to strike and an opportunity to be heard on the motion to strike, we must reverse and remand for further proceedings. The appellant and appellees all...

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