In Re Garcia

OPINION

Opinion by

Chief Justice VALDEZ.

Relator, Jessica Garcia, has filed a petition for writ of mandamus complaining that the trial court abused its discretion in reinstating the lawsuit of the real party in interest, Virginia Carroll-Boyd. We conditionally grant relief.

Background

The trial court dismissed a personal injury case for want of prosecution. Thirteen days later, the plaintiff filed an unverified motion for new trial and to reinstate, alleging merely that:

The Plaintiff requests that her case be reinstated and that she be granted a new trial. The Plaintiffs attorney was in Austin,…