Mandamus Granted to Overturn Vacatur of Default Judgment
April 16, 2015Under Rule 329b of the Texas Rules of Civil Procedure, the trial court loses its plenary power over a default judgment thirty days after it is signed. An exception to this 30 day rule is when a party fails to receive notice within 20 days of the signing of the judgment. In this case, the defendant sought to have a default judgment set aside, alleging that he did not receive notice of the judgment until the 98th day after it was rendered. The trial court granted his motion and vacated the default judgment.
The Court of Appeals, however, granted the defendant’s mandamus petition, because under Rule 306a(4), “a party who does not have actual knowledge of an order of dismissal within 90 days of the date it is signed cannot move for reinstatement.”
