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Sweetwater Austin Properties, L.L.C. v. SOS Alliance, Inc.

Appellee cannot obtain relief via bill of review because it failed to exercise due diligence in pursuing all adequate legal remedies after the challenged judgment was entered and cannot obtain relief based on the district court in the 2004 suit being without jurisdictional power because it waived its objection under government code �74.053(d) to the assigned judge. Austin Court of Appeals, No. 03-08-00619-CV, 10-30-2009

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OPINION

Appellee SOS Alliance, Inc. challenges a final judgment entered against it in a prior lawsuit. According to SOS Alliance, the judgment in the prior lawsuit is void because the prior lawsuit was heard by a visiting trial judge who was subject to objection under government code section 74.053(d), and who continued to sit on the case after objection by SOS Alliance. The district court in this lawsuit entered judgment in favor of SOS Alliance, declaring the prior judgment void and unenforceable. We conclude that SOS Alliance’s claims in this lawsuit constitute a direct attack on the prior judgment, that the claims fail due to SOS Alliance’s lack of due diligence in pursuing its legal remedies with respect to the judgment in the prior lawsuit, and that SOS Alliance waived its section 74.053(d) objection in the prior lawsuit and, therefore, is foreclosed from bringing claims in this suit asserting that the trial court was without jurisdictional power in the prior lawsuit. We reverse the judgment of the district court and render judgment denying the relief sought by SOS Alliance.

Factual and Procedural Background

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