In Re Burlington Coat Factory Warehouse of McAllen, Inc., Relator

Summary

The Texas Supreme Court held that the March 25, 2002 default judgment was interlocutory, not final, and therefore the trial court abused its discretion by permitting execution; the Court conditionally granted a writ of mandamus directing the trial court to vacate the execution orders. Justice O’Neill dissented, arguing the judgment was final and that mandamus should be denied due to an insufficient record.