McMillan v. Felsenthal

482 S.W.2d 9 (1972)

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McMillan v. Felsenthal

Texas Court of Civil Appeals
482 S.W.2d 9 (1972)

SH

Facts

Billy McMillan (plaintiff) and his wife, Mary Ann McMillan, owned a lounge, where his wife worked as a bartender. Daniel Felsenthal (defendant) frequented the bar for many months. After one of the visits, Mary Ann went with Felsenthal to a lakehouse, and they had sexual intercourse. McMillan filed suit against Felsenthal for trespass against his right to the affection, love, consortium, and exclusive sexual relationship with his wife; for alienating Mary Ann’s affections; and for causing their separation. After Felsenthal and Mary Ann both testified that Mary Ann’s affections had not been alienated as a result of their sexual encounter, Felsenthal moved for summary judgment on McMillan’s cause of action for alienation of affections. The trial court granted summary judgment, and McMillan appealed.

Rule of Law

Issue

Holding and Reasoning (Moore, J.)

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