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VALDEZ v. HOLLENBECK

No. 04-11-00739-CV.

410 S.W.3d 1 (2013)

Robert VALDEZ, individually and as administrator of the Estate of Pierre V. Bernard, deceased, and Fidelity and Casualty Company of New York, Appellants, v. David HOLLENBECK, individually and as the successor administrator of the Estate of Pierre V. Bernard, deceased, Will Francis Baron, John Bernard Baron, Bernard Rae Bernard Box, Daryl Bernard, Marcus Bernard, Barbara Streff Grachek, Pam Streff Myers, Steve Streff, Scott Streff, Yvonne Barrone Fischer, Elizabeth Lamar, Kelly Lamar Loeffelholz, Jeanne Mary Lamar, John Lamar, David Lamar, Greg Lamar, Chris Lamar, Eric Lamar, Robert Rogers, Dana Rogers, John Rogers, individually, and Dana Rogers and Sherrie Ann Grogan, in their capacity as joint independent executrix of the Estate of Charles Rogers, deceased, Appellees.

Court of Appeals of Texas, San Antonio.

April 24, 2013.

Attorney(s) appearing for the Case

John D. Wennermark , Law Offices of John D. Wennermark, San Antonio, TX, Nancy Hesse Hamren , Coats, Rose, Yale, Holm, Ryman & Lee, P.C., Houston, TX, for Appellant.

Vick Putman , Putman & Putman, Inc., San Antonio, TX, for Appellee.

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

OPINION

Opinion by: KAREN ANGELINI, Justice.

This appeal arises from a statutory and equitable bill of review proceeding to set aside orders signed by the probate court in 1996 that approved the account for final settlement and discharged Robert Valdez as administrator of the Estate of Pierre V. Bernard, deceased. In the underlying proceeding, after discovering that Melvyn Spillman, a former clerk with the Bexar County Clerk's Office, had stolen funds from...

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