Dallas Court of Appeals, Nos. 05-22-01174-CV (December 14, 2022)
Before Justices Myers, Nowell (Opinion), and Goldstein
The Court of Appeals ruled that the trial court’s order granting the motion to reinstate was void for lack of jurisdiction because it was not properly verified and did not extend the court’s plenary power beyond 30 days of the judgment. A verification must be sworn to before an authorized officer. In addition, the “verification” here did not meet the requirements of an unsworn declaration under CPRC § 132.001, such as containing the declarant’s birthdate and address. Accordingly, the Court granted mandamus relief and ordered the trial court to set aside the case’s reinstatement.
Morale of the story: Follow the rules, especially when dismissal is on the line.