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In re General Motors Corp.

When plenary power expires, an unappealed order of dismissal becomes final regardless of whether it was void, voidable or valid. Austin Court of Appeals, No. 03-07-00509-CV, 08-28-2009.

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OPINION

This original proceeding involves the duration of the district court’s plenary power over a suit that was inadvertently dismissed for want of prosecution while the suit was abated in the district court. The suit had been abated to allow an administrative proceeding to take place to resolve certain issues that were predicates to the district court acquiring jurisdiction over all of the claims and issues in the suit. The suit was inadvertently dismissed in 2003 during the period of abatement and while the administrative proceeding was still pending. Over four years later, in 2007, the trial court vacated the inadvertent order of dismissal and reinstated the suit. Relators General Motors Corporation, Chevrolet Motor Division and Austin Chevrolet, Inc. d/b/a Munday Chevrolet/Geo*fn1 seek a writ of mandamus compelling the district court to vacate the 2007 order that vacated the district court’s 2003 order of dismissal for want of prosecution, contending that the 2007 order attempting to vacate the previous dismissal is void because it was issued after the expiration of the district court’s plenary power. We conditionally grant the writ.

Factual and Procedural Background

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