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LEVETZ v. SUTTON

No. 05-11-00737-CV.

404 S.W.3d 798 (2013)

Brenda Gail Sutton LEVETZ, Appellant v. Thomas Michael SUTTON, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Overruled July 18, 2013.

Attorney(s) appearing for the Case

R. Michael Northrup , Cowles & Thompson, P.c., Byron K. Henry , Dallas, TX, for Appellants.

Jeffrey W. Hellberg Jr. , Wick Phillips Gould & Martin, LLP, Dallas, TX, Cory Jon Floyd , Norton & Wood, LLP, Texarkana, TX, for Appellees.

Before Justices O'NEILL, FITZGERALD, and LANG-MIERS.

OPINION

Opinion by Justice FITZGERALD.

This dispute between siblings Thomas Sutton and Brenda Levetz arises out of a mediated settlement agreement ("MSA") in this action and a corollary will contest pending in another county. Following a determination that Levetz had capacity to enter the MSA, the trial court signed a final judgment severing Sutton's breach of contract claim and transferring it to the county in which the will contest is pending. The court...

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