In Re Lauren Jane Andersen v. the State of Texas ( 2023 )

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