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STATE AND COUNTY MUT. FIRE INS. v. KELLY

No. 03-95-00302-CV.

915 S.W.2d 224 (1996)

STATE AND COUNTY MUTUAL FIRE INSURANCE COMPANY, Relator, v. Honorable Oliver KELLY, Respondent.

Court of Appeals of Texas, Austin.

January 31, 1996.

Attorney(s) appearing for the Case

Paul Boudloche, Cantey & Hanger L.L.P., Fort Worth, for relator.

E. Wayne Bachus, Bachus, LePak, & Associates, Belton, for respondent.

Before CARROLL, C.J., and JONES and B.A. SMITH, JJ.

JONES, Justice.

Relator, State and County Mutual Fire Insurance Company, plaintiff in the underlying suit, sued its insured, Craig Knickerbocker, for a declaration of no coverage on an auto liability policy. After Knickerbocker failed to answer and a default judgment was taken, real party in interest Cherie Peck filed, on the last day of the trial court's plenary power, a motion to intervene and a motion for new trial. The court subsequently granted both motions....

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