IOLAP, Inc. v. On Deck Management
Dallas Court of Appeals, No. 05-17-00856-CV (February 22, 2018)
Justices Wright (opinion available here), Evans, and Brown
The Dallas Court of Appeals held that, although a verified motion to reinstate a case filed within 30 days of a dismissal for want of prosecution extends the trial court’s plenary power in the same manner as a motion for new trial, an unverified motion to reinstate is a nullity and does not extend the trial court’s plenary jurisdiction. So everything that happened in the case after the trial court lost plenary power in March 2015 was a nullity. The appellate court was not moved by the fact that all parties participated in the case, without objection, after it was purportedly reinstated. Subject matter jurisdiction exists by operation of law and cannot be conferred by consent or waiver.