Transamerican Leasing Co. v. Three Bears, Inc.

The question presented by this appeal is whether a trial court has the plenary power to vacate a judgment while the amended motion for new trial is pending before that court. Here, the trial court vacated the original judgment more than thirty days after it was rendered but within forty-five days after the amended motion for new trial was filed. A second judgment was subsequently entered by the trial court and this appeal was perfected. The court of civil appeals held that the trial court’s plenary power over its judgment terminates thirty days after the rendition of the judgment where a…