Berry L. Deen, Relator v. Stanley C. Kirk, Judge, Respondents

Summary

The Texas Supreme Court granted a conditional writ of mandamus ordering Judge Kirk to set aside his December 13, 1973 order that attempted to vacate a final divorce judgment, holding that the order was void under Rule 329b because the district court lacked jurisdiction to render it. The Court reasoned that the waiver executed before suit did not subject the relator to the court's jurisdiction and that a bill of review is the exclusive remedy for void judgments after the finality period.