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GEM VENDING, INC. v. WALKER

No. 02-96-017-CV.

918 S.W.2d 656 (1996)

GEM VENDING, INC. v. The Hon. Jeff WALKER, Judge 96th District Court of Tarrant County, Texas.

Court of Appeals of Texas, Fort Worth.

March 21, 1996.

Attorney(s) appearing for the Case

Haynes and Boone, L.L.P. and David E. Keltner and Karen S. Precella of Fort Worth, and Law Offices of Cramb, Marling & Smith and G. Stanley Cramb, Hurst, for Relator.

Michael S. Newman, Arlington, for Real Party.

Before DAY, RICHARDS and HOLMAN, JJ.

OPINION

RICHARDS, Justice.

In this mandamus proceeding, we are asked to determine if a trial court can grant a motion for new trial outside its plenary power if the affected party itself did not receive notice of the final judgment. We hold that the trial court abused its discretion in granting the motion for new trial. Because relator has no adequate remedy by appeal, we conditionally grant the writ of mandamus.

Relator Gem Vending, Inc. sued the...

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