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McCARTY v. MONTGOMERY

No. 11-07-00317-CV.

290 S.W.3d 525 (2009)

Annette McCARTY, Appellant, v. Clinton T. MONTGOMERY, as Managing Trustee of the Trimont Irrevocable Trusts, and Elton Montgomery, Appellees.

Court of Appeals of Texas, Eastland.

Rehearing Overruled July 7, 2009.

Attorney(s) appearing for the Case

Robert D. Lybrand, Coppell, TX, for appellant.

Russell R. Barton, Andrew D. Sims, Tomi K. Repass, Harris, Finley & Bogle, P.C., Fort Worth, TX, for appellee.

Panel consists of: WRIGHT, C.J., McCALL, J., and STRANGE, J.

OPINION

RICK STRANGE, Justice.

This is a real estate contract dispute. Clinton T. Montgomery, as managing trustee of the Trimont Irrevocable Trusts (Trimont), sued Annette McCarty seeking specific performance.1 McCarty responded with a counterclaim against Trimont and a third-party claim against Elton Montgomery alleging breach of contract and tort claims. The trial court granted Trimont's and Elton Montgomery's motions for summary...

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