In Re Vlasak

OPINION

PAUL W. GREEN, Justice.

In this original proceeding, relator Karen D. Vlasak complains the trial court’s order setting aside a purported default judgment is void because the trial court’s plenary power had expired before the motion to set aside was filed. We agree and conditionally grant the writ.

Background

Vlasak sued Henry Weidner, Jr. for injuries she sustained in an automobile acci dent. She sued Weidner’s employer, Culli-gan Southwest, Inc., under the theory of respondeat superior. Neither Weidner nor Culligan (“the defendants”) filed an answer, and Vlasak took what she argues is a…