FINKE v. WHEATFALL

No. B-7703.

581 S.W.2d 152 (1979)

Albin FINKE, Petitioner, v. Gloria WHEATFALL et al., Respondents.

Supreme Court of Texas.

Rehearing Denied May 30, 1979.


Attorney(s) appearing for the Case

DeLange, Hudspeth, Pitman & Katz, Charles E. Fitch, Houston, for petitioner.

Fender & Crawford, Michael Crawford, Houston, for respondents.


POPE, Justice.

This is an appeal from a judgment setting aside a prior judgment that had been rendered on service of process by publication. The motion for new trial was timely filed within two years of the prior judgment. Rule 329, Tex.R.Civ.P. The court of civil appeals affirmed the judgment. 565 S.W.2d 386. The courts below correctly set aside the former judgment but made an error in the new judgment.

Mary Jane Gaston...

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