In re Thompson

Relators, Charles and Cindy Thompson, have filed a petition for writ of mandamus challenging the denial of their motion to dismiss real party in interest's motion to set aside a default judgment signed in the underling case over ten years earlier.1 Because the trial court lacked plenary power to consider a motion to vacate the default judgment, we conditionally grant the writ.

Background

Charles and Cindy Thompson purchased real property at a tax sale based on a default tax judgment signed in 2005. In 2016, Mae Landry, a purported heir of one of the defendants in the default judgment for unpaid…