In Re Jones

OPINION

DUNCAN, Justice.

R.W. Jones seeks a writ mandamus to compel the Honorable John Gabriel, Jr. to withdraw what Jones contends is a void Rule 306a, Tex.R. Civ. P., order. We conditionally issue the writ.

Factual and PROCEDURAL Background

Jones sued Ramiro and Gloria Estrada and Jose and Olga Diaz to remove a cloud on the title to Jones’ claimed homestead and for slander of title. On October 8, 1997, the trial court signed a default summary judgment in Jones’ favor. On December 10, 1997, the defendants filed a motion to vacate the default judgment, which stated:

This Court entered a default…