Houston Health Clubs, Inc. v. First Court of Appeals

The issue in this original mandamus proceeding is whether a trial court’s order granting a new trial is voidable because it was signed after that court lost plenary jurisdiction over its default judgment. Whether the trial court retained jurisdiction to grant the new trial depends on whether the default judgment is interlocutory or final. In a previous mandamus proceeding, the court of appeals concluded that the default judgment was final and that the trial court’s order granting new trial was voidable. In an unpublished opinion, the court of appeals directed the trial court to vacate its…