Legal Opinion

In Re Estate of Chavana

Texas Court of Appeals, 4th District (San Antonio)

Decided April 28, 1999No. 04-97-00904-CVPublishedCited by 19 opinions

1Opinion of the Court

Opinion on Appellee’s Motion for Rehearing

Opinion by:

PHIL HARDBERGER, Chief Justice.

On rehearing, we withdraw our prior opinion and judgment and substitute this opinion and judgment for the sole purpose of clarifying that Elsa was required to prove Chavana’s paternity by a preponderance of the evidence, not clear and convincing evidence, on her motion for summary judgment. We affirm the trial court’s granting of summary judgment in favor of Elsa.

This is an appeal from a ruling on cross-motions seeking a declaration of intestate heirship. The ruling attempted to resolve a dispute that has been…

2Cases cited33 opinions

  1. Trimble v. GordonSupreme Court of the United States · 1977
  2. Clark v. JeterSupreme Court of the United States · 1988
  3. Hudson v. WakefieldTexas Supreme Court · 1986
  4. Gomez v. PerezSupreme Court of the United States · 1973
  5. Mills v. HabluetzelSupreme Court of the United States · 1982

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3Cited by19 opinions

  1. Carroll v. StateCourt of Criminal Appeals of Texas · 2001
  2. Texas Parks & Wildlife Department v. Dearing, Texas Court of Appeals, 3rd District (Austin)2007
  3. In the Estate of AguilarCourt of Appeals of Texas · 2016
  4. Elm Creek Owners Ass'n v. H.O.K. Investments, Inc., Texas Court of Appeals, 4th District (San Antonio)1999
  5. Estate of SewardAlaska Supreme Court · 2017

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