Mountain States Leasing, Inc. v. El Paso Pipe & Supply Co.

OPINION ON MOTION FOR REHEARING

The Appellees have filed a motion for rehearing in which they assert that the order of dismissal with prejudice is not wholly void but, at most, erroneous and not subject to a collateral attack. They note, and we recognize, that both the Freeman and McDade cases, upon which our original opinion relies, are cases involving direct appeals and not collateral attacks. But, in both of those cases, the Courts reached the results noted in our original opinion after stating that the pleadings were not adequate to constitute a direct attack by a bill of review.

We feel…