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757 S.W.2d 436

Smith v. Jones

Court of Appeals of Texas

Decided July 28, 1988

Court of Appeals of Texas · decided 1988-07-28

Relies on Allied Chemical Corp. v. DeHaven

Decided 1988-07-28

ELLIS, Justice,

¶1dissenting.

¶2Finding myself in disagreement with the majority, I respectfully dissent. Issues of intent are not appropriate for summary judgment. Allied Chemical Corp. v. DeHaven, 752 S.W.2d 155, 158 (Tex.App.-Houston [14th Dist.] 1988, no writ). I would therefore reverse the summary judgment and remand to the trial court for a jury determination of Mr. Smith’s intent regarding appellant’s entitlement to the insurance proceeds.

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