Houston Health Clubs v. First Court Appeals - Supreme Court of Texas

Houston Health Clubs v. First Court Appeals

By Supreme Court of Texas

  • Release Date: 1986-12-03
  • Genre: Law
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Houston Health Clubs v. First Court Appeals Supreme Court of Texas Book Review Score: ★★★★★ 5/5 stars

The issue in this original mandamus proceeding is whether a trial courts order granting a new trial is voidable because it was signed after that court lost plenary jurisdiction over its default judgment. Whether the trial court retained jurisdiction to grant the new trial depends on whether the default judgment is interlocutory or final. In a previous mandamus proceeding, the court of appeals concluded that the default judgment was final and that the trial courts order granting new trial was voidable. In an unpublished opinion, the court of appeals directed the trial court to vacate its order of new trial. Minns v. Salazar, No. 01-86-0146-CV (Tex. App. -- Houston [1st Dist.] 1986, orig. proceeding). We hold that the trial courts order of new trial is not voidable because the default judgment is interlocutory. The court of appeals therefore abused its discretion in ordering the trial court to vacate its order, and we conditionally grant the writ of mandamus.

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