The trial court reinstated the underlying suit after it accepted a late-filed affidavit of the real parties' counsel. The relator seeks a mandamus order to have the order reinstating the suit vacated. An unverified motion to reinstate did not extend the trial court's plenary power beyond 30 days after the dismissal was signed. Real parties' counsel's affidavit filed after that period had expired was ineffective as an adequate substitute for verification because Texas Rule of Civil Procedure 165a(3) plainly requires the verified motion to be filed within 30 days. The writ of mandamus is conditionally granted. Fort Worth Court of Appeals, No. 02-12-00255-CV, 11-15-2012.
In Re: Valliance Bank
Tex. App. Dist. 2
November 20, 2012
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