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XU v. DAVIS

No. 10-94-228-CV.

884 S.W.2d 916 (1994)

Lixing XU, Relator, v. Honorable Claude D. DAVIS, Presiding Judge, County Court at Law No. One, Brazos County, Texas, Respondent.

Court of Appeals of Texas, Waco.

October 12, 1994.

Attorney(s) appearing for the Case

Carol Bratt, Leal & Bratt, Redmond, WA, for relator.

Ann Braneff, Hawtrey and Braneff, LLC, Bryan, for real party in interest.

Before THOMAS, C.J., and CUMMINGS and VANCE, JJ.

OPINION

THOMAS, Chief Justice.

Lixing Xu, relator, seeks a writ of mandamus to require Judge Claude Davis, respondent, to hold a hearing on her motion to determine the date on which she or her attorney first received notice or acquired actual knowledge of the default judgment of divorce rendered in favor of her husband, Wang Yan Feng. See Tex.R.Civ.P. 306a(5); Tex.R.App.P. 5(b)(5). Although the record reflects that Judge Davis has apparently attempted...

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