Walker v. Harrison

SPEARS, Justice.

Relator Walker petitions this court in an original proceeding for a writ of mandamus to compel District Judge Harrison to vacate his order reinstating a case previously dismissed for want of prosecution. We conditionally grant the writ of mandamus.

The question presented is whether Judge Harrison reinstated the case in accordance with rule 165a 1 before the trial court lost jurisdiction to do so. The pertinent part of rule 165a provides:

Within thirty days after the signing of the order of dismissal, the court shall reinstate the case upon finding, after hearing, that the…