No notice in 90 days? No plenary power.

December 16, 2019

161 days after a “dwop” dismissal, the plaintiff learned of that order by reviewing the court website, and successfully sought reinstatement. In re Mart, No. 05-19-01355-CV (Dec. 9, 2019) (mem. op.) Tex. R. Civ. P. 306a, however, only extends the trial court’s plenary power if notice is acquired within 90 days of judgment. Observing that “the cases real party cites demonstrate she had potential avenues to obtain reinstatement of the case other than a Rule 306a(4) motion and motion to reinstate, including a restricted appeal and a bill of review,” the Fifth Court granted mandamus relief because the trial court’s reinstatement order was void.