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PNS STORES, INC. v. RIVERA

No. 04-09-00561-CV.

335 S.W.3d 265 (2010)

PNS STORES, INC. d/b/a MacFrugal's Bargain Closeouts d/b/a MacFrugals, Inc., Appellants, v. Anna E. RIVERA as Next Friend for Rachel Rivera, Appellee.

Court of Appeals of Texas, San Antonio.

November 3, 2010.

Attorney(s) appearing for the Case

David A. Oliver Jr. , Tiffany Bingham Briscoe , Paul B. Kerlin , Vorys, Sater, Seymour and Pease LLP, Houston, TX, for Appellants.

Bernard Wm. Fischman , Attorney at Law, Richard Tinsman , Daniel J.T. Sciano , Tinsman & Sciano, Inc., San Antonio, TX, Kimberly S. Keller , The Keller Law Firm, Boerne, for Appellee.

Peter D. Kennedy , James A. Hemphill , Graves Dougherty , Hearon & Moody, PC, Austin, TX, for Amicus Curiae CSC-Lawyers Incorporating Service Company.

Sitting: SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice, MARIALYN BARNARD, Justice.

OPINION

Opinion by: MARIALYN BARNARD, Justice.

This is an appeal from the granting and denial of summary judgment motions related to a bill of review. PNS Stores, Inc. d/b/a MacFrugal's Bargain Closeouts d/b/a MacFrugals, Inc. ("PNS") filed a bill of review, attempting to overturn a state court default judgment. Both parties filed motions for summary judgment relating to the bill of review. The trial court denied PNS's motion for summary judgment, and granted...

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