In Resurgence Financial, L.L.C. v. Foster, the Dallas Court of Appeals followed and applied the Texas Supreme Court‘s opinion in Thordson v. City of Houston. From the moment that Resurgence filed its suit the trial court notified Resurgence that the case would be placed on the dismissal docket unless an answer were
motion to reinstate
Challenging Void Orders and Motion to Reinstate
By Mike Northrup on
Posted in Opinions & Judgments
Void orders of a trial court may occur in a number of different circumstances. The Corpus Christi Court of Appeals discusses one such circumstance in Silguero v. State.
The trial court dismissed the State’s action for forfeiture for want of prosecution and the State timely filed a motion to reinstate, but the motion was not verified. More than 30 days after the dismissal, the trial court granted the motion to reinstate. The trial court subsequently rendered a judgment of forfeiture and the Silgueros filed an appeal as well as a petition for writ of mandamus, each asserting that the trial court’s order of reinstatement was void.Continue Reading Challenging Void Orders and Motion to Reinstate