Mitchell v. USAA of San Antonio, Texas


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Docket Number: 2001-CA-01362-SCT

Supreme Court: Opinion Date: 12-05-2002
Opinion Author: SMITH,
Holding: AFFIRMED

Additional Case Information: Judge(s) Concurring: PITTMAN, C.J., WALLER, COBB AND CARLSON, JJ.,
Dissenting Author : DIAZ, J., AND EASLEY, J.,
Dissent Joined By : McRAE, P.J., AND GRAVES McRAE, P.J.
Procedural History: Bench Trial
Nature of the Case: Insurance

Trial Court: Date of Trial Judgment: 07-24-2001
Appealed from: DeSoto County Circuit Court
Judge: George B. Ready
Disposition: The trial court denied coverage under the insurance policy to Nelda.

Note: PITTMAN, C.J., WALLER, COBB AND CARLSON, JJ., CONCUR. DIAZ, J., DISSENTS WITH SEPARATE WRITTEN OPINION JOINED BY McRAE, P.J., AND GRAVES, J. EASLEY, J., DISSENTS WITH SEPARATE WRITTEN OPINION JOINED BY McRAE, P.J.

  Party Name: Attorney Name:  
Appellant: NELDA J. MITCHELL, INDIVIDUALLY AND ON BEHALF OF THE HEIRS AT LAW AND WRONGFUL DEATH BENEFICIARIES OF DAVID E. MITCHELL, DECEASED




RICHARD T. PHILLIPS LUNDY W. DANIEL



 

Appellee: UNITED SERVICES AUTOMOBILE ASSOCIATION OF SAN ANTONIO, TEXAS (USAA) ROBERT F. STACY, JR.  


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