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FILLINGIM v. FILLINGIM

No. 10-0013.

332 S.W.3d 361 (2011)

Rita Lackey FILLINGIM Pearson, Petitioner, v. Willis Dan FILLINGIM, Respondent.

Supreme Court of Texas.

Rehearing Denied March 11, 2011.

Attorney(s) appearing for the Case

Wyatt L. Brooks , Burdett, Morgan, Williamson & Boykin, LLP, Amarillo, TX, for Rita Lackey Fillingim.

John Smithee , Joe W. Hayes , Templeton Smithee Hayes Heinrich & Russell, L.L.P., Amarillo, TX, for Willis Dan Fillingim.

PER CURIAM.

In this dispute over the division of property in a divorce decree, we must decide whether the trial court impermissibly reclassified an asset originally divided in a 1981 divorce decree. For the reasons expressed below, we hold that it did.

Rita Lackey Fillingim Pearson (Rita) and Willis Dan Fillingim (Dan) married on August 1, 1970. During the marriage, Dan's parents conveyed to Dan four deeds for mineral rights, which Dan and Rita jointly leased...

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