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BERTHELOT v. BRINKMANN

No. 05-09-00216-CV.

322 S.W.3d 365 (2010)

Caroline BERTHELOT, individually and as Trustee of the Caroline Beth Berthelot Living Trust, Appellants, v. J. Baxter BRINKMANN, Appellee.

Court of Appeals of Texas, Dallas.

August 17, 2010.

Attorney(s) appearing for the Case

W.D. Masterson , Theodore Anderson , Kilgore & Kilgore, Inc., Dallas, TX, for Appellants.

Michael G. Brown , Figari Davenport, L.L.P., Dallas, for Appellee.

Before Justices MOSELEY, FITZGERALD, and FILLMORE.

OPINION

Opinion By Justice MOSELEY.

J. Baxter Brinkmann sued Caroline Berthelot, individually and as trustee of the Caroline Beth Berthelot Living Trust requesting the trial court to declare his ownership of a "net cash gain" interest in a gasoline production plant and his entitlement to certain funds payable pursuant to that interest. The trial court granted summary judgment in Baxter's favor, declaring he had "full ownership" of the interest and was entitled...

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