GRAHAM NAT. BANK v. FIFTH COURT OF APPEALS

No. C-6865.

747 S.W.2d 370 (1987)

The GRAHAM NATIONAL BANK, Relator, v. The FIFTH COURT OF APPEALS, et al., Respondents.

Supreme Court of Texas.

Rehearing Denied February 24, 1988.


Attorney(s) appearing for the Case

Frank Jennings and R. Stephen Moore, Jennings, Dies & Turner, Graham, for relator.

Samuel L. Boyd and Priscilla E. Perry, Boyd & Fults, Dallas, for respondents.


ORDER

Be it remembered that relator's petition for writ of mandamus was submitted to the Supreme Court of Texas on the eighteenth day of November, 1987, and it is the opinion of the court that relator is entitled to relief.

The trial court's order of July 31, 1986 is declared void because that court's plenary power over the cause had expired. The trial judge attempted to vacate this order; however, the court of appeals ordered it reinstated. The court of...

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