in Re Robert Belt

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00381-CV

In re Robert Belt

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

M E M O R A N D U M O P I N I O N

Relator has filed a petition for writ of mandamus, complaining of the trial court’s granting of the real party in interest’s motion for new trial. See Tex. R. App. P. 52.8. Because the order granting a new trial was signed within 105 days of the date the judgment was signed, the order was signed within the time of the trial court’s plenary power and is not void. See In re Nguyen, 155 S.W.3d 191, 193 (Tex. App.—Tyler 2003, orig. proceeding);…