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ESTATE OF SMITH v. ECTOR COUNTY APPR. DIST.

No. 11-13-00337-CV.

480 S.W.3d 796 (2015)

ESTATE OF Marvin L. SMITH, Jr., d/b/a Idlewood Terrace Apartments, Appellant v. ECTOR COUNTY APPRAISAL DISTRICT, Appellee.

Court of Appeals of Texas, Eastland.

Opinion filed November 12, 2015.

Attorney(s) appearing for the Case

Robert W. St. Clair , Fargason, Booth, St. Clair, Richards & Wilkins, L.L.P., Lubbock, TX, for Appellant.

Stewart McKeehan , Stewart McKeehan P.C., Odessa, TX, for Appellee.

Panel consists of: Wright, C.J., Willson, J., and Bailey, J.

OPINION

This appeal presents a procedural conundrum. Both parties filed competing no-evidence motions for summary judgment on the same legal issue. Neither party filed a response to the other party's no-evidence motion for summary judgment. Instead, each party argued that the other party bore the burden of proof...

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