In Re Brookshire Grocery Company, Relator

Summary

The Texas Supreme Court denied Brookshire Grocery's petition for a writ of mandamus, holding that a motion for new trial filed within thirty days of judgment but after a prior motion had been overruled does not extend the trial court's plenary power under Texas Rule of Civil Procedure 329b(e). The majority interpreted the conjunctive language of Rule 329b(b) and historical amendments to conclude the trial court lacked jurisdiction to grant the second new‑trial motion.