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HOUSTON HEALTH CLUBS v. FIRST COURT OF APPEALS

No. C-5290.

722 S.W.2d 692 (1986)

HOUSTON HEALTH CLUBS, INC. et al., Relators, v. The FIRST COURT OF APPEALS, Respondent.

Supreme Court of Texas.

Rehearing Denied February 11, 1987.

Attorney(s) appearing for the Case

Don Fogel, Thomas Alexander and Kevin McEvily, Alexander, Fogel & McEvily, Houston, for relators.

Joe Alfred Izen, Jr., Houston, for respondent.

PER CURIAM.

The issue in this original mandamus proceeding is whether a trial court's order granting a new trial is voidable because it was signed after that court lost plenary jurisdiction over its default judgment. Whether the trial court retained jurisdiction to grant the new trial depends on whether the default judgment is interlocutory or final. In a previous mandamus proceeding, the court of appeals concluded that...

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