Fruehauf Corp. v. Carrillo

This is a negligence action arising out of a collision between a station wagon and a parked tractor trailer. A take-nothing judgment against the plaintiffs, relatives of several individuals killed in the accident, was signed on September 21, 1990. Plaintiffs filed motions for new trial which the trial court granted on December 4, 1990, the 74th day after the date of judgment. On the 75th day, December 5, 1990, the trial court set aside its order granting the motions for new trial and overruled the motions.

Plaintiffs appealed complaining that the trial court acted without authority when it…