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DEEN v. KIRK

No. B-4397.

508 S.W.2d 70 (1974)

Berry L. DEEN, Relator, v. Stanley C. KIRK, Judge et al., Respondents.

Supreme Court of Texas.

April 3, 1974.

Attorney(s) appearing for the Case

C. Coit Mock and W. J. Fleniken, Jr., Fort Worth, for relator.

Clyde Fillmore, Wichita Falls, for respondents.

WALKER, Justice.

This is an original mandamus proceeding. It was instituted by Betty L. Deen, relator, against F. Edgar Deen, Jr., and the Honorable Stanley C. Kirk, Judge of the 78th Judicial District of Wichita County, to require the latter to expunge an order purporting to set aside a divorce judgment previously rendered by him. We agree with relator that the judgment in question had become final and that Judge Kirk had no power to set it aside as he attempted...

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