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PERDUE v. PATTEN CORP.

No. 03-03-00434-CV.

142 S.W.3d 596 (2004)

Matthew PERDUE and Thelma Cade-Perdue, Appellants, v. PATTEN CORPORATION, d/b/a Massachusetts Patten Corporation and Patten Corporation Southwest, d/b/a Southwest Patten Corporation, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled September 23, 2004.

Attorney(s) appearing for the Case

David Alan Bosworth, Law Office of David A. Bosworth, San Antonio, for appellants.

Matthew D. Bradley, Kortney M. Kloppe-Orton, Pikin, Oliver & Bradley, L.L.P., San Antonio, for appellees.

Before Justices KIDD, B.A. SMITH and PEMBERTON.

OPINION

BEA ANN SMITH, Justice.

The trial court granted a no-evidence summary judgment denying a bill of review, then attempted to grant a new trial vacating its summary judgment. Two issues are presented: whether a new trial was timely granted while the court still had plenary jurisdiction, and if not, whether there is any evidence to support the necessary elements of a bill of review. We hold that the new-trial order was null and void, so the summary...

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