Schaeffer Homes, Inc. v. Esterak

OPINION

This is an appeal from a default judgment entered against the Appellants on January 12, 1990. A timely motion to vacate such judgment, or in the alternative grant a new trial, was filed on February 9, 1990. The judge was empowered to rule on such motion within seventy-five days of the date judgment was entered, i.e., not later than March 28, 1990. Tex.R.Civ.P. 329b(a) and (c). If a timely motion is filed and is overruled by operation of law, the lower court’s period of plenary power extends for an additional thirty days after the motion is overruled by operation of law, in this case…