- Tex. App. Dist. 13
- NORA L. LONGORIA, Justice
The relator files for writ of mandamus contending that the trial court abused its discretion by granting a motion to reconsider and reopen an expedited foreclosure proceeding after it had already denied the application for expedited foreclosure. Texas Rule of Civil Procedure 736.8(c) expressly prohibits motions for rehearing, new trial, bill of review, or appeals, and in this case, the bank filed a "Motion to Reconsider and Reopen" which the trial court expressly granted by order. The nature of a motion is determined by its substance, not its title or caption. The writ of mandamus is conditionally granted. Corpus Christi Court of Appeals, No. 13-13-00708-CV, 01-15-2014
This premium content is reserved for Texas Lawyer subscribers.
Continue reading by getting started with a subscription.
Already a subscriber? Log in now