In Re Brookshire Grocery Company, Relator

Summary

The Texas Supreme Court held that a motion for new trial filed after a prior motion has been overruled does not extend the trial court's plenary power under Texas Rule of Civil Procedure 329b, rendering the trial court's February 1, 2005 order granting a new trial void and denying Brookshire Grocery Company's petition for mandamus. Justice Hecht dissented, arguing that the second motion should be treated as a motion to modify the judgment.