The relator files for writ of mandamus contending that the trial court abused its discretion by granting a motion to reconsider and reopen an expedited foreclosure proceeding after it had already denied the application for expedited foreclosure. Texas Rule of Civil Procedure 736.8(c) expressly prohibits motions for rehearing, new trial, bill of review, or appeals, and in this case, the bank filed a "Motion to Reconsider and Reopen" which the trial court expressly granted by order. The nature of a motion is determined by its substance, not its title or caption. The writ of mandamus is conditionally granted. Corpus Christi Court of Appeals, No. 13-13-00708-CV, 01-15-2014
|January 15, 2014
Thank you for sharing!
Your article was successfully shared with the contacts you provided.
This premium content is locked for Texas Lawyer subscribers only.
Subscribe now to enjoy unlimited access to Texas Lawyer content,
5 free articles* across the ALM Network every 30 days,
Exclusive access to other free ALM publications
And exclusive discounts on ALM events and publications.
*May exclude premium content Already have an account? Sign In Now
Interested in customizing your subscription with Law.com All Access?
Contact our Sales Professionals at 1-855-808-4530 or send an email to firstname.lastname@example.org to learn more.
As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters.
Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss.
Tailored just for you. In your inbox. Every day.