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DEPT. OF TRANSP. v. A.P.I. PIPE & SUPPLY

No. 10-1020.

397 S.W.3d 162 (2013)

TEXAS DEPARTMENT OF TRANSPORTATION and City of Edinburg, Petitioners, v. A.P.I. PIPE AND SUPPLY, LLC and Paisano Service Company, Inc., Respondents.

Supreme Court of Texas.

Decided April 5, 2013.

Attorney(s) appearing for the Case

Boone Channing Slusher , Slusher & Associates, McAllen, TX, for Amicus Curiae San Jacinto Title.

Aaron Daniel Day , Texas Land Title Association, Austin, TX, for Amicus Curiae Texas Land Title Association.

Daniel T. Hodge , First Asst. Attorney General, David C. Mattax , Director of Defense Litigation, Office of the Attorney General, Greg W. Abbott , Attorney General of Texas, James William Kirk II , Lisa Marie McClain , Office of the Attorney Gen., Jonathan F. Mitchell , Solicitor General Office of the Attorney General, Joseph David `Jody' Hughes , Assistant Solicitor General Office of the Attorney General, Susan Desmarais Bonnen , Office of the Attorney General of Texas, William (Bill) J. Cobb III , Attorney General's Office, Deputy Atty. General for Civil Litigation, Austin, TX, for Petitioners Texas Department of Transportation.

Analisa Figueroa , Charles V. Willette Jr. , Willette and Guerra LLP, Brownsville, TX, for Petitioner The City of Edinburg.

Mark Edward Wilkins , Rolando Quintana , Wilkins & Wilkins, McAllen, TX, for Respondents A.P.I. Pipe and Supply, L.L.C.

Justice WILLETT delivered the opinion of the Court.

Texas legal rules governing real-estate transactions demand assiduousness, lest uncertainty subvert the orderly transfer of property. This inverse-condemnation dispute over ten acres in Hidalgo County asks a simple question: Who has title to the parcel? The answer turns on the validity of conflicting recorded judgments:

1. 2003 Judgment — which the...

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