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BARBARA RUSSO, Appellant v. WILLIAM C. DEAR and WILLIAM C. DEAR ASSOCIATES, INC., Appellees.

OPINION ON MOTION FOR REHEARING.

Opinion By Chief Justice Cornelius.

In a motion for rehearing, Russo contends we erred in holding that in Russo's attack on the Ohio judgment in the Texas court, no defense may be raised that goes to the merits of the controversy, and that such holding is contrary to Texas law. Russo cites this Court's decision in Moncrief v. Harvey, 805 S.W.2d 20 (Tex.App.-Dallas 1991, no writ), as authority for her contention. We respectfully disagree. The rule that no defense going to the merits may be raised is a federal constitutional rule under the Full Faith and Credit Clause of the United States Constitution and applies when a collateral attack is made on a judgment of another State. Milwaukee County v. White County, 296 U.S. 268, 56 S.Ct. 229, 80 L.Ed. 220, 227 (1935).

The motion for rehearing is overruled.

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RUSSO v. DEAR, 05-02-00324-CV (Tex.App.-Dallas 5-28-2003)
(May 28, 2003)