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IN RE GILLESPIE

No. 14-03-00137-CV.

124 S.W.3d 699 (2003)

In re Clyde E. GILLESPIE, Relator.

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

Rehearing Overruled January 29, 2004.

Attorney(s) appearing for the Case

Susan Marie Edmonson, Seabrook, Paul Randall Koenig, Baytown, for relator.

Maroulia Lynn Pontikas, Patrick Reilly, Galveston, for respondent.

Patrick Reilly, for Jerry Hayes.

En Banc court includes Chief Justice BRISTER, and Justices YATES, ANDERSON, HUDSON, FOWLER, EDELMAN, FROST, SEYMORE, and GUZMAN.

OPINION

EVA M. GUZMAN, Justice.

In this original proceeding, relator, Clyde E. Gillespie, seeks a writ of mandamus ordering the respondent, the Honorable Gladys B. Burwell, to vacate her November 27, 2002 order setting aside a divorce decree. Relator challenges the trial court's plenary power to set aside the decree. Real parties in interest, Lora E. Gillespie and intervenor, Jerry Hayes, filed a motion to dismiss this mandamus proceeding. We deny the writ...

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