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CITIMORTGAGE, INC. v. HUBENER

No. 05-09-01498-CV.

345 S.W.3d 193 (2011)

CITIMORTGAGE, INC., Appellant, v. Ann HUBENER, Jose Olvera, and Marta Leticia Yanez, Appellees.

Court of Appeals of Texas, Dallas.

June 28, 2011.

Attorney(s) appearing for the Case

Michael J. McKleroy, Jr. , Robert S. Alcorn , Robert F. Maris , Maris & Lanier, P.C., Dallas, TX, Melissa McKinney , Connie J. Vandergriff , Barrett Daffin Frappier Turner & Engel, LLP, Addison, TX, for Appellant.

J. Darlene Ewing , Law Offices of J. Darlene Ewing, Sunnyvale, TX, Vincent Chucks Ndukwe , Law Office of MNC Vincent & Associates, Dallas, TX, Marta Leticia Yanez, Coppell, TX, for Appellees.

Before Justices MARTIN RICHTER, LANG, and FILLMORE.

OPINION2

Opinion By Justice FILLMORE.

Jose Olvera filed for divorce from Marta Leticia Yanez. Although Yanez filed an answer, she did not appear at the final hearing on September 15, 2006. On September 26, 2006, the trial court signed a final divorce decree awarding Olvera and Yanez each fifty percent of the net proceeds from the sale of what was evidently represented by Olvera at the final hearing to be the marital residence...

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