Cantu v. Longoria

In this original proceeding, relator seeks a writ of mandamus directing the trial court to conduct a Tex.R.App.P. 5(b)(5) hearing to determine when relator received notice that the court had signed a judgment from which she wishes to appeal. Relator cannot appeal the judgment against her unless the trial court finds that she learned of the judgment more than twenty days after it was signed and within a period of time that would render her appeal timely. We conclude the trial court erred by refusing to hold the required hearing, and we conditionally grant relator’s petition for writ of…