Rosa Rojas (In re Rosa Rojas) v. Jose Amaya--Appeal from 413th District Court of Johnson County

IN THE

TENTH COURT OF APPEALS

No. 10-06-00337-CV

in re Rosa Rojas

Original Proceeding

MEMORANDUM Opinion

Rosa Rojas s civil case was dismissed by the trial court for want of prosecution. Fourteen months later, Rojas filed a motion for trial setting and, in the alternative, a motion to reinstate. The trial court denied the motion, determining that a final judgment had been rendered and that it no longer had plenary power over the case. Rojas brought an appeal of the trial court s refusal to set the case for trial.

On the day that the appeal was set for submission without oral argument, Rojas filed a motion to convert the appeal to a proceeding seeking a writ of mandamus. As indicated by the style of this opinion, Rojas s motion is granted.

Rojas s petition for writ of mandamus is denied.

TOM GRAY

Chief Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

(Justice Vance concurs in the judgment with a note)*

Writ denied

Opinion delivered and filed July 25, 2007

[CV06]

*( I concur in the view that the trial court s plenary power had run out. A more detailed explanation should be given, in light of the unusual circumstances of this proceeding, but I understand that a bill of review may be the only potential remedy. )