IN RE COLLINS

No. 2-05-192-CV.

172 S.W.3d 287 (2005)

In re Burk COLLINS, Fountain Mall, Inc., and Mall Group, Ltd., Relators.

Court of Appeals of Texas, Fort Worth.

August 26, 2005.


Attorney(s) appearing for the Case

Kelly, Hart and Hallman, P.C., Dee J. Kelly, Jr., Brian S. Stagner, John T. Wilson, IV, Fort Worth, for Relators.

Thompson & Knight, L.L.P., Debora B. Alsup, Austin, Jennifer P. Henry, Fort Worth, for Real Party In Interest.

Panel A: CAYCE, C.J.; GARDNER and WALKER, JJ.


OPINION

JOHN CAYCE, Chief Justice.

Introduction

In this original proceeding challenging the trial court's grant of a motion to void a lis pendens, the primary issue we must resolve is whether, in deciding the motion, the trial court was required to look solely to the pleadings of the party who filed the notice of lis pendens to determine whether the party is claiming a direct or collateral interest in the real property at issue, or whether the...

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