Opinion
No. 05-03-01693-CV.
Opinion issued February 13, 2004.
On Appeal from the 95th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 01-03433-D.
Writ of Mandamus Granted.
Before Justices WHITTINGTON, O'NEILL, and LANG.
MEMORANDUM OPINION
Relator contends the trial judge erred in granting a motion for new trial after her plenary jurisdiction had expired. The facts of this original proceeding are known to the parties so we do not recite them here. We conclude the trial judge abused her discretion in granting the motion for new trial after expiration of her plenary jurisdiction and relator has shown he does not have an adequate remedy at law. Accordingly, we conditionally GRANT relator's petition for writ of mandamus. See Tex.R.App.P. 52.8(a); Thomas v. DuBovy-Longo, 786 S.W.2d 506, 507 (Tex. App.-Dallas 1990, writ denied).
We ORDER the trial judge to vacate her order signed August 28, 2003 granting defendant's motion for new trial and setting aside the default judgment and to enter an order denying the motion for new trial. The trial judge is ORDERED to file a certified copy of her order in compliance with this order within thirty days of the date of this order. Should the trial judge fail to do so, the writ will issue. It is ORDERED that relator Hector Lejia recover his costs of this original proceeding from real party in interest Mario Rodolfo Zavala.