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J.A. BITTER & ASSOCIATES v. HABERMAN

No. 04-92-00162-CV.

834 S.W.2d 383 (1992)

J.A. BITTER & ASSOCIATES, Relator, v. Honorable Carol R. HABERMAN, Respondent.

Court of Appeals of Texas, San Antonio.

Rehearing Denied May 11, 1992.

Attorney(s) appearing for the Case

Amy E. Bitter, San Antonio, for relator.

Paul T. Curl, Pape, Murray, McClenahan & Sparr, Inc., San Antonio, for respondent.

Before BUTTS, PEEPLES and BIERY, JJ.

OPINION

PEEPLES, Justice.

Relator J.A. Bitter & Associates seeks a writ of mandamus compelling respondent to vacate an order granting a new trial and setting aside a default judgment. We conditionally grant the writ.

Bitter filed suit on October 25, 1990, against defendants Alvin Frieden and Burgies West Commerce, Inc. The record shows service on both defendants, though the judgment recites service on "the defendant." The judgment, signed on...

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