Texas Supreme Court

In Re the Lynd Company, Relator

June 9, 200649 Tex. Sup. Ct. J. 719

Summary

The Texas Supreme Court held that a party may rely on implied notice of a final judgment to invoke Texas Rule of Civil Procedure 306a, that the May 18, 2004 default judgment was the final judgment, and that the trial court had jurisdiction to grant a new trial on September 7, 2004; consequently, the Court of Appeals abused its discretion in ordering the new‑trial order vacated and the writ of mandamus was conditionally granted.