SOUTHERN COUNTY MUT. INS. CO. v. POWELL

No. C14-87-096-CV.

736 S.W.2d 745 (1987)

SOUTHERN COUNTY MUTUAL INSURANCE COMPANY and Jim Kelly, Relators, v. The Honorable William R. POWELL, Respondent, Jelks & Sons Sand Company, Nathaniel Jelks, Jr., and Loretta Ann Lee, Individually, and as Natural Guardian of Melissa Lee, a minor, Real Parties in Interest.

Court of Appeals of Texas, Houston (14th Dist.).

June 11, 1987.


Attorney(s) appearing for the Case

David E. Warden, James H. Miller, Ronald G. Woods, Henry P. Giessel, Houston, for relators.

Larry Doherty, Kelly Williams, Houston, for real parties in interest.

Before JUNELL, SEARS and DRAUGHN, JJ.


OPINION

JUNELL, Justice.

Relators ask this court to issue a writ of mandamus ordering a district court judge to vacate a default judgment because the judgment was allegedly entered at the time an automatic bankruptcy stay was in force. We decline to issue the writ. The trial court did not abuse its discretion in refusing to consider Relators' Amended Motion to Set Aside Judgment and for New Trial when Relators were not parties to the suit and the motion...

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