Gem Vending, Inc. v. Walker

OPINION

RICHARDS, Justice.

In this mandamus proceeding, we are asked to determine if a trial court can grant a motion for new trial outside its plenary power if the affected party itself did not receive notice of the final judgment. We hold that the trial court abused its discretion in granting the motion for new trial. Because relator has no adequate remedy by appeal, we conditionally grant the writ of mandamus.

Relator Gem Vending, Inc. sued the real party in interest Metrovend Vending Service. Metrovend filed an answer through its attorney Bill Leonard. Gem Vending began to have trouble…