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In re Rojas

Court of Appeals of Texas, Tenth District, Waco
Jul 25, 2007
No. 10-06-00337-CV (Tex. App. Jul. 25, 2007)

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


Summaries of

In re Rojas

Court of Appeals of Texas, Tenth District, Waco
Jul 25, 2007
No. 10-06-00337-CV (Tex. App. Jul. 25, 2007)
Case details for

In re Rojas

Case Details

Full title:IN RE ROSA ROJAS

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Jul 25, 2007

Citations

No. 10-06-00337-CV (Tex. App. Jul. 25, 2007)