Legal Opinion

In Re Romero

Texas Court of Appeals, 4th District (San Antonio)

Decided October 22, 1997No. 04-97-00352-CVPublishedCited by 13 opinions

1Opinion of the Court

OPINION

DUNCAN, Justice.

Emilio Romero seeks a writ of mandamus to compel the trial court to set aside a modification order because the order, signed after the expiration of the trial couri/s plenary power, is void. 2 We hold the trial court’s modification: order was signed within the period of its plenary power because it modified an order that was itself interloeutoiy since it did not expressly or by necessary implication dispose of a pending subrogation claim. Therefore, to the extent the modification order purports to reinstate an already-pending case, it is ineffective, not void.…

2Cases cited18 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. North East Independent School District v. AldridgeTexas Supreme Court · 1966
  3. Smith v. Babcock & Wilcox Construction Co.Texas Supreme Court · 1996
  4. Fruehauf Corp. v. CarrilloTexas Supreme Court · 1993
  5. Thoreson v. ThompsonTexas Supreme Court · 1968

13 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Lincoln Property Co. v. Kondos, Texas Court of Appeals, 5th District (Dallas)2003
  2. Warwick Towers Council of Co-Owners Ex Rel. St. Paul Fire & Marine Insurance Co. v. Park Warwick, L.P., Texas Court of Appeals, 14th District (Houston)2009
  3. In Re Barrett, Texas Court of Appeals, 12th District (Tyler)2004
  4. Prudential Property & Casualty Co. v. Dow Chevrolet-Olds, Inc., Texas Court of Appeals, 6th District (Texarkana)1999
  5. Herrera v. Wembley Investment CompanyCourt of Appeals of Texas · 1998

8 more not listed; retrieve them via the Exa API.

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