Opinion · Texas Supreme Court
McConnell v. May
800 S.W.2d 194
- Type
- Opinion
- Court
- Texas Supreme Court
- Jurisdiction
- Texas
- Date
- 1991-01-09
- Topic
- general
holding that unverified motion to reinstate does not extend trial court's jurisdiction to hear case | holding that unverified motion to reinstate does not extend the trial court’s jurisdiction to hear case | holding that “since Blanchard did not file a verified motion to reinstate within 30 days of the signing of the order of dismissal, the trial court’s jurisdiction to reinstate the case expired” | holding that “since Blanchard did not file a verified motion to reinstate within 30 days of the signing of the order of dismissal, the trial court’s jurisdiction to reinstate the case expired” | discussing Texas Rule of Civil Procedure 165a and concluding that where party failed to file a verified motion to reinstate within 30 days of signed dismissal order, the court’s jurisdiction to reinstate expired | “A proper motion to reinstate must be verified and filed with the clerk within 30 days of the signing of the order of dismissal.” | conditionally granting writ to vacate void reinstatement order where motion to reinstate was not verified | unverified motion to reinstate not sufficient to extend court's plenary power under Rule 165a | unverified motion to reinstate does not extend the trial court’s plenary power | unverified motion to reinstate does not extend plenary power | motion to reinstate must be verified | motion to reinstate must be verified
Citator
- Cited by
- 56 opinions
In this original proceeding, Relator Gary L. McConnell (McConnell) seeks a writ of mandamus directing the trial judge to vacate his July 2, 1990 order granting Plaintiff C.D. Blanchard’s unverified motion to reinstate. Pursuant to Rule 122 of the Texas Rules of Appellate Procedure, without hearing oral argument, a majority of the court conditionally grants the writ of mandamus.
On April 18, 1990, Blanchard’s suit against McConnell was dismissed for want of prosecution. On April 24, 1990, Blanchard filed an unverified motion to reinstate. On July 2, 1990, the trial judge granted Blanchard’s motion. McConnell argues that the trial judge abused his discretion when he granted Blanchard’s unverified motion to reinstate. We agree.
“A motion to reinstate shall set forth the grounds therefor and be verified by the movant or his attorney. It shall be filed with the clerk within 30 days after the order of dismissal is signed_” TEX.R.CIV.P. 165a(3) (emphasis added). A proper motion to reinstate must be verified and filed with the clerk within 30 days of the signing of the order of dismissal. Butts v. Capitol City Nursing Home, Inc., 705 S.W.2d 696, 697 (Tex.1986). See Christopher v. Fuerst, 709 S.W.2d 266, 268 (Tex.App.—Houston [14th Dist.] 1986, writ ref'd n.r.e.); George v. George, 564 S.W.2d 172, 174 (Tex.Civ.App.—Tyler 1978, no writ); Matter of Marriage of Parr, 543 S.W.2d 433, 437 (Tex.Civ.App.—Corpus Christi 1976, no writ). Since Blanchard did not file a verified motion to reinstate within 30 days of the signing of the order of dismissal, the trial court’s jurisdiction to reinstate the case expired. See Butts, 705 S.W.2d at 697; Christopher v. Fuerst, 709 S.W.2d at 268.
Pursuant to Rule 122 of the Texas Rules of Appellate Procedure, without hearing oral argument, a majority of the court conditionally grants the writ of mandamus. The writ will issue only if the trial judge refuses to act in accordance with this opinion.