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IRWIN v. IRWIN

No. 04-08-00554-CV.

307 S.W.3d 383 (2009)

Barbara Jane IRWIN, Appellant, v. Mike IRWIN, As Representative of the Estate of Richard Lee Irwin, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled January 29, 2010.

Attorney(s) appearing for the Case

Jeff Small, Law Office of Jeff Small, San Antonio, TX, for Appellant.

M. Patrick Maguire, M. Patrick Maguire, P.C., Kerrville, TX, for Appellee.

Sitting: SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice, MARIALYN BARNARD, Justice.

OPINION

Opinion by: SANDEE BRYAN MARION, Justice.

This is an appeal from a summary judgment rendered in favor of the Estate of Richard Lee Irwin. Because we conclude the estate does not have standing to pursue its claim against appellant, we reverse and remand.

BACKGROUND

Appellant, Barbara Jane Irwin, and the decedent, Richard Lee Irwin, were married while Richard was employed by the Drug Enforcement Agency ("DEA"). As an employee of the...

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