Opinion
No. 10-06-00337-CV.
Opinion delivered and filed July 25, 2007.
Original Proceeding.
Before Chief Justice Gray, Justice Vance, and Justice Reyna (Justice Vance concurs in the judgment with a note) Writ denied.
("I concur in the view that the trial court's plenary power had run out. A more detailed explanation should be given, in light of the unusual circumstances of this proceeding, but I understand that a bill of review may be the only potential remedy.")
MEMORANDUM OPINION
Rosa Rojas's civil case was dismissed by the trial court for want of prosecution. Fourteen months later, Rojas filed a motion for trial setting and, in the alternative, a motion to reinstate. The trial court denied the motion, determining that a final judgment had been rendered and that it no longer had plenary power over the case. Rojas brought an appeal of the trial court's refusal to set the case for trial.
On the day that the appeal was set for submission without oral argument, Rojas filed a motion to convert the appeal to a proceeding seeking a writ of mandamus. As indicated by the style of this opinion, Rojas's motion is granted.
Rojas's petition for writ of mandamus is denied.
Writ denied