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IN RE GUARDIANSHIP OF PATLAN

No. 04-10-00616-CV.

350 S.W.3d 189 (2011)

In the GUARDIANSHIP OF Otilia PATLAN, an Incapacitated person.

Court of Appeals of Texas, San Antonio.

May 11, 2011.

Attorney(s) appearing for the Case

Daniel O. Kustoff , Kustoff & Phipps, L.L.P., San Antonio, TX, for Appellant.

Clayton G. Mansker , Mark Stanton Smith , Heard & Smith, L.L.P., San Antonio, TX, for Appellee.

Sitting: CATHERINE STONE, Chief Justice, KAREN ANGELINI, Justice, MARIALYN BARNARD, Justice.

OPINION

Opinion by: KAREN ANGELINI, Justice.

Appellant Mary Pena, Otilia Patlan's guardian, appeals the trial court's granting of Appellee Jesus Patlan Jr.'s no-evidence and traditional motion for summary judgment. The main issue in this appeal is whether the time period a previous lawsuit is pending before being dismissed for want of prosecution, when that lawsuit is between the same parties and contains the same allegations, should be considered in determining...

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