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GULLEY v. DAVIS

No. 01-08-00572-CV.

321 S.W.3d 213 (2010)

Joe B. GULLEY Jr. and Imelda Gulley, Appellants, v. Wirt DAVIS, II, individually, Catherine B. Taylor, individually, Valley Oak Investments, L.P., Camilla R. Blaffer and Texas Gulf Bank, N.A., Co-Trustees of The Camilla B. Mallard Trust, Joan B. Johnson and Bessemer Trust Co., Co-Trustees of The Joan B. Johnson Trust, and PDB Properties, Ltd., Appellees.

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

July 1, 2010.

Attorney(s) appearing for the Case

Joe B. Gulley III , Golden & Owens, Randall C. Owens , Houston, TX, Vincent L. Marable, III, Paul Webb, P.C., Wharton, TX, for Appellants.

F. Franklin Honea , J. Robert Beatty , Locke, Liddell & Sapp, Dallas, TX, John Zukowski , Zukowski, Bresenhan & Sinex, Houston, TX, Shayne D. Moses , Moses, Palmer & Howell, Fort Worth, TX, for Appellees.

Panel consists of Chief Justice RADACK and Justices ALCALA and HIGLEY.

OPINION ON REHEARING

ELSA ALCALA, Justice.

Appellants, Joe B. Gulley Jr. and Imelda Gulley ("the Gulleys"), have filed a motion for rehearing. We deny rehearing but withdraw our opinion and judgment of April 14, 2010 and substitute this opinion and judgment in their place.

In this case involving adverse possession of the mineral rights in a 52-acre tract, the Gulleys appeal from a summary judgment in favor of appellees, Wirt Davis, II, individually...

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