AMANDA v. MONTGOMERY

No. 01-94-00322-CV.

877 S.W.2d 482 (1994)

AMANDA, Relator, v. The Honorable John D. MONTGOMERY, Respondent.

Court of Appeals of Texas, Houston (1st Dist.).

May 26, 1994.


Attorney(s) appearing for the Case

Shawn Casey, Sanchia G. Hudson, Houston, for appellant.

Stewart Gagnon, Joy M. Soloway, Houston, for appellee.

Before O'CONNOR, DUGGAN and HEDGES, JJ.


OPINION

O'CONNOR, Justice.

In this original proceeding, we consider (1) whether a petition for bill of review must be brought as a new, independent lawsuit, and (2) whether a bill of review complainant may proceed with discovery before fully complying with the preliminary requirements for bringing his action in the first place. Resolving these questions in favor of the relator, we grant mandamus relief on both issues.

The Facts

Amanda,...

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