IN RE BROOKSHIRE GROCERY CO.

No. 05-0300.

250 S.W.3d 66 (2008)

In re BROOKSHIRE GROCERY COMPANY, Relator.

Supreme Court of Texas.

Delivered January 4, 2008.

Rehearing Denied March 28, 2008.


Attorney(s) appearing for the Case

Charles H. Clark, Clark Lea Rutter & Logsdon, Deborah J. Race, Ireland Carroll & Kelley, P.C., Tyler, John W. Alexander, Alexander & Boswell, Winnsboro, for Brookshire Grocery Company.

Jeffrey R. Ward, George Alan Boll, Juneau, Boll & Ward, P.L.L.C., Addison, and Michael Jung, Strasburger & Price, L.L.P., Dallas, for Barbara Goss.


WALLACE B. JEFFERSON, Chief Justice.

In this mandamus action, we determine whether a motion for new trial filed within thirty days of judgment, but after a preceding motion for new trial has been overruled, extends the trial court's plenary power under Texas Rule of Civil Procedure 329b. Because we hold that it does not, we deny relator Brookshire Grocery Company's petition for writ of mandamus.

I

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