Ex Parte Balazik

OPINION

HOLMAN, Justice.

This is an original habeas corpus proceeding. We grant the writ and discharge the relator.

Relator was divorced by written decree signed April 30, 1981.

Relator timely filed a motion for new trial under Tex.R.Civ.P. 329b (1981) and subsequently attempted to withdraw the motion before it was heard.

Whether withdrawal was granted or denied is not clear.

It is undisputed that within 75 days after date of judgment, the trial court conducted a hearing on the motion for new trial, and respondent’s reply, making the following docket entry dated July 10:

“Judgment vacated — court is…