law-motion-for-new-trial-deadline | motion for new trial generally | plenary power when does it expire?
POST-JUDGMENT POST-DEFAULT POST-TRIAL TIMELINES
It is clear that the trial court’s docket entry cannot substitute for a written order granting the new trial. Rule 329b
(c) of the Texas Rules of Civil Procedure states that a motion for a new trial can be granted only by a written,
signed order:
In the event an original or amended motion for new trial or a motion to modify, correct or reform a judgment is
not determined by written order signed within seventy-five days after the judgment was signed, it shall be
considered overruled by operation of law on expiration of that period.
Tex. R. Civ. P. 329b(c).
DEADLINE FOR FILING A MOTION FOR NEW TRIAL
“A motion for new trial, if filed, shall be filed prior to or within thirty days after the
judgment or other order complained of is signed." Tex. R. Civ. P. 329b(a).
Here, the trial judge signed the interlocutory summary judgment on June 25, 2007. Monk filed his motion for
new trial within 30 days of the summary judgment on July 2, 2007.
Monk v. Westgate Homeowners' Association, Inc. (Tex.App.- Houston [14th Dist.] Aug. 11, 2009)(Price)
(motion for new trial overruled by operation of law insufficient to preserve complaint regarding lack of timely or
proper notice of summary judgment motion hearing)(discharge in bankruptcy was not pleaded as affirmative
defense and not raised in summary judgment response and thus waived)(pro se appeal)
AFFIRMED: Opinion by Senior Justice Frank C. Price, sitting by assignment
Before Price, Justices Brock Yates and Guzman
14-07-00886-CV Joseph Monk v. Westgate Homeowners' Association, Inc.
Appeal from 270th District Court of Harris County
Trial Court Judge: Brent Gamble
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