FDIC v. Jernigan

OPALA, Justice.

The issues tendered for our decision are: [1] Is the trial court’s order, which substituted the Federal Deposit Insurance Corporation [FDIC] as the sole plaintiff in the re-plevin action, vulnerable to vacation on the ground of fraud? and if not [2] Is the substitution order vulnerable to vacation on the ground of irregularity in obtaining that disposition? We answer both questions in the negative.

I

THE ANATOMY OF LITIGATION

InterFirst Bank of Dallas [InterFirst] brought a replevin action on January 16, 1986 against Steve Jemigan [Jemigan] for the return of certain items deemed…