Court of Civil Appeals of Texas, 2023

In Re Lauren Jane Andersen v. the State of Texas

In Re Lauren Jane Andersen v. the State of Texas
Court of Civil Appeals of Texas · Decided August 25, 2023

In Re Lauren Jane Andersen v. the State of Texas

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00286-CV

In re Lauren Jane Andersen

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

MEMORANDUM OPINION Relator Lauren Jane Andersen has filed a petition for writ of mandamus complaining that the trial court granted the real party in interest’s motion for new trial and related orders after the court had lost plenary power. See Tex. Gov’t Code § 22.221; see also Tex. R. App. P. 52. Because Andersen’s suit is a SAPCR governed by the Texas Family Code, we conclude that the trial court rendered judgment within the meaning of Section 101.026 when it issued its letter ruling declaring that “the Motion for a New Trial is GRANTED” before it lost plenary power. See Tex. Fam. Code § 101.026 (“‘Render’ means the pronouncement by a judge of the court’s ruling on a matter. The pronouncement may be made orally in the presence of the court reporter or in writing, including on the court’s docket sheet or by a separate written instrument.”). Accordingly, we deny the petition for writ of mandamus and lift our May 17, 2023 stay order. See Tex. R. App. P. 52.8(a).

__________________________________________ Gisela D. Triana, Justice Before Chief Justice Byrne, Justices Triana and Theofanis Filed: August 25, 2023

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