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MOODY v. HERZ, TRUSTEE OF THREE R TRUSTS

NO. 14-22-00619-CV.

672 S.W.3d 842 (2023)

Robert L. MOODY, Jr., Appellant v. Irwin HERZ, Jr., TRUSTEE OF the THREE R TRUSTS; Russell Moody; Frances Moody Dahlberg; and Ross Moody, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

Opinion filed July 18, 2023.

Attorney(s) appearing for the Case

Ryan Cantrell , Kathryn B. Shields , Steven Jon Knight , Houston, Amy Jo Foreman , for Appellant.

Stacey Neumann Vu , Houston, Phillip Roberts , Robin C. Gibbs , Houston, for Appellee Ross Moody; Francis Moody-Dahlberg; Russell Moody.

Robin C. Gibbs , Angus J. Dodson , Houston, Fred D. Raschke , Maureen Kuzik McCutchen , Galveston, Ross MacDonald , Houston, for Appellee Trustee Irwin Hertz, Jr.

Panel consists of Chief Justice Christopher and Justices Zimmerer and Poissant.

OPINION

The plaintiff below filed a declaratory judgment action, but then he nonsuited his case after the defendants moved to dismiss it under Rule 91a. Because the nonsuit occurred before the trial court had an opportunity to rule on the defendants' motion...

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