Mann v. Fender

I respectfully dissent. I would affirm a portion of the trial court’s judgment, reverse and render a part thereof, and reverse and remand a part thereof. More specifically, I would sustain Appellant’s points numbers 8, 9, 14, and 15.

Appellant’s point of error no. 8 complains that the trial court erred in rendering judgment awarding to Fender the 100 shares of Kilgore Bank stock “retained by Mann” pursuant to the May 17,1974, stipulation by the parties. For convenience in discussion, where appropriate I will refer to Mr. Fender and his interests as “Fender,” and to Mr. Mann and his interests…