Clark & Co. v. Giles

Relators, Clark & Company and Phillip Nickerson, seek a writ of mandamus to compel Judge Owen Giles to vacate his order granting a new trial. This order was signed 208 days after the judgment was signed. Relators maintain that the prior judgment was final at the time Judge Giles signed the written order granting a new trial. The trial court therefore had lost jurisdiction over the case. We agree and conditionally grant the writ.

In the underlying lawsuit, plaintiff, Phillip Nickerson, obtained a money judgment against the defendant, James Phillips d/b/a Phillips Insurance Agency. This judgment…