POLVADO v. POLVADO

No. 12718.

565 S.W.2d 595 (1978)

R. O. POLVADO, Appellant, v. Joanne POLVADO, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied May 24, 1978.


Attorney(s) appearing for the Case

B. J. Sanders, Moursund & Sanders, Round Mountain, for appellant.

Richard Hoerster, Dooley & Hoerster, Fredericksburg, for appellee.


O'QUINN, Justice.

The controlling question in this appeal is whether the trial court acted within its authority in setting aside judgment in a divorce action after death of one of the parties but prior to expiration of thirty days following entry of judgment.

It is undisputed that R. O. Polvado and Joanne Harvey were married on January 8, 1977, and that on February 22, 1977, Polvado filed suit for divorce, alleging that the couple had separated February 15...

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