Estate of Townes v. Wood

EN BANC OPINION

SCHNEIDER, Chief Justice.

After the respondent, Judge Mike Wood, signed a final judgment in this case, the relator, the defendant, filed a motion for new trial. Judge Wood (a) orally granted the relator’s motion for new trial, on the record; (b) made and initialed a docket sheet entry that stated “MNT granted”; and (c) signed an order setting the case for trial. There is no indication that an order setting aside the final judgment was signed or that the parties agreed to the trial setting.

Under Texas Rule of Civil Procedure 329b(c), if a motion for new trial is “not determined…