In Re Romero
Texas Court of Appeals, 4th District (San Antonio)
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
- Walker v. PackerTexas Supreme Court · 1992
- North East Independent School District v. AldridgeTexas Supreme Court · 1966
- Smith v. Babcock & Wilcox Construction Co.Texas Supreme Court · 1996
- Fruehauf Corp. v. CarrilloTexas Supreme Court · 1993
- Thoreson v. ThompsonTexas Supreme Court · 1968
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3Cited by13 opinions
- Lincoln Property Co. v. Kondos, Texas Court of Appeals, 5th District (Dallas)2003
- 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
- In Re Barrett, Texas Court of Appeals, 12th District (Tyler)2004
- Prudential Property & Casualty Co. v. Dow Chevrolet-Olds, Inc., Texas Court of Appeals, 6th District (Texarkana)1999
- Herrera v. Wembley Investment CompanyCourt of Appeals of Texas · 1998
8 more not listed; retrieve them via the Exa API.