Kvanvig v. Garcia

OPINION

YÁÑEZ, Justice.

By the present original proceeding, relator, Douglas Kvanvig, challenges the trial court’s authority to grant a motion for new trial before the filing fee for such motion had been paid. 1 We deny mandamus relief.

Rebecca Martinez, the real party in interest, sued Kvanvig for personal injuries arising out of an automobile collision. On January 24, 1996, the trial court entered judgment for Kvanvig in accordance with a jury verdict in his favor. Martinez filed a motion for new trial on February 9, 1996, but did not then tender the statutorily required $16 filing fee to the…