McCombs v. Forney

On Motion for Rehearing

WARREN, Justice.

The opinion filed on August 14, 1980, is withdrawn and is replaced by this opinion.

This is an appeal by a third-party defendant in a bill of review action from an order overruling his plea of privilege.

In August of 1977, William H. Forney filed suit for divorce against appellee. Ap-pellee filed a cross-action for divorce and joined appellant as a third-party defendant. Appellant timely filed a plea of privilege to that action and appellee did not file a controverting affidavit to the plea until September of 1978, long past the time allowed by Rule 86,…