Wenske v. Wenske

OPINION

BENAVIDES, Justice.

This is an appeal from a child custody case. The record reflects that in April of 1987, a jury awarded Kenneth Wenske, appellant, managing conservatorship of his minor child, Ellen Marie Wenske. After *780the judgment was entered, Marianna Wenske, appellee, filed a timely motion for new trial, alleging that the trial court should grant a new trial because of “newly discovered” evidence. The trial court, within its plenary period, granted appel-lee’s motion and ordered a new trial. Tex. R.Civ.P. 329b. In March of 1988, a second trial was conducted and the jury awarded…