Opinion
No. 08-14-00308-CV
06-02-2015
IN RE: ROSA SERRANO, INDIVIDUALLY, Relator.
AN ORIGINAL PROCEEDING IN MANDAMUS ORDER
On June 1, 2015, Relator filed a motion to expedite issuance of the writ of mandamus in this case. The Court does not have authority to grant such relief because it has denied the mandamus petition and its plenary power to vacate or modify the judgment expired on March 16, 2015.
On December 19, 2014, the Court issued its opinion and judgment denying Relator's petition for writ of mandamus, but we granted Relator's motion for rehearing on January 15, 2015, and withdrew the opinion and judgment previously issued in the case. On that same date, the Court issued its opinion and judgment denying mandamus relief. Relator did not file a motion for rehearing or motion to extend time to file such a motion. Consequently, the Court's plenary power over its judgment expired on March 16, 2015. After an appellate court's plenary power expires, it cannot vacate or modify its judgment and it can only take the actions specified by Rule 19.3. See TEX.R.APP.P. 19.1, 19.3. Relator's motion is DENIED.
IT IS SO ORDERED this 2nd day of June, 2015.
PER CURIAM Before McClure, C.J., Rodriguez, and Hughes, JJ.
(Hughes, J., Not Participating)