Texas Supreme Court

In Re Velma Barber, Relator

February 4, 1999982 S.W.2d 364

Summary

The Texas Supreme Court held that the judge's rubber‑stamped signature, placed by the court coordinator under the judge's direction, constitutes a valid signed order, and therefore the trial court abused its discretion in refusing to recognize the order that set aside the default judgment. Accordingly, the Court conditionally granted mandamus relief, directing the trial court to vacate its February 3, 1997 and April 2, 1997 orders. Justice Baker dissented, arguing that the majority misapplied mandamus standards and improperly relaxed the requirement that the judge be present when the stamp is affixed.