McCormack v. Guillot

SPEARS, Justice.

Relator, Phyllis Gail McCormack, seeks a writ of mandamus to compel Judge Patrick Guillot to vacate his order granting a new trial in a divorce action between relator and Raymond Lee McCormack. We conditionally grant the writ.

The trial court signed a divorce judgment on July 11,1979. On August 9, twenty-nine days later, Raymond McCormack filed his motion for new trial, and a hearing was held on the same day in the court’s chambers. An entry on the court’s docket sheet reflects that the motion for new trial was granted on that date; however, a written order vacating the July 11…