CALDWELL v. BARNES

No. 97-0161.

975 S.W.2d 535 (1998)

Harold CALDWELL, Petitioner, v. Robert F. BARNES, Respondent.

Supreme Court of Texas.

Decided May 8, 1998.

Rehearing Overruled October 15, 1998.


Attorney(s) appearing for the Case

Gus E. Pappas, Houston, for Petitioner.

Thomas O. Matlock, Kelly K. McKinnis, McAllen, for Respondent.


HECHT, Justice, delivered the opinion of the Court.

Petitioner seeks to set aside a default judgment by bill of review. The court of appeals affirmed summary judgment for respondent. 941 S.W.2d 182. The principal issues we address are first, whether exhaustion of legal remedies not only in Texas but in other jurisdictions is a prerequisite to relief by bill of review, and second, whether petitioner's action is barred...

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