Walker v. Harrison, 597 S.W.2d 913 (Tex. 1980). · Go Syfert
Walker v. Harrison, 597 S.W.2d 913 (Tex. 1980). Cases Citing This Book View Copy Cite
“this court has repeatedly held that the time limits provided in rule 165a are mandatory and jurisdictional and that orders of reinstatement entered after their expiration are void.”
105 citation events (58 in the last 25 years) across 4 distinct courts.
Strongest positive: in Re Steven Baileys (texapp, 2017-11-09)
Treatment trajectory · 1980 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (verbatim quote) in Re Steven Baileys
Tex. App. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
when there is a time limit within which the court has jurisdiction to act, the order must be in writing, specific, and signed by the trial judge.
discussed Cited as authority (verbatim quote) West Travis County Public Utility Agency, on Behalf of Itself and Its Directors, Larry Fox, Michael Murphy, Ray Whisenant, Bill Goodwin, and Scott Roberts, in Their Official Capacities v. CCNG Development Co., L.P.
Tex. App. · 2017 · quote attribution · 1 verbatim quote · confidence high
this court has repeatedly held that the time limits provided in rule 165a are mandatory and jurisdictional and that orders of reinstatement entered after their expiration are void.
discussed Cited as authority (verbatim quote) Inwood Forest Community Improvement Association v. Toan Van Nguyen
Tex. · 2015 · quote attribution · 1 verbatim quote · confidence high
when there is a time limit within which the court has jurisdiction to act, the order must be in writing, specific, and signed by the trial judge.
discussed Cited as authority (rule) In Re DISH Network Service L.L.C. and John Carter Young v. the State of Texas
txctapp9 · 2026 · confidence medium
A reinstatement order entered after the expiration of the time limits provided in Rule 165a is “void because the court is without jurisdiction.” See Walker v. Harrison, 597 S.W.2d 913, 915 (Tex. 1980); see also In re Valliance Bank, 422 S.W.3d 722, 729 (Tex. App.—Fort Worth 2012, no pet.) (when a trial court signs an order of reinstatement after its plenary power expired, the order of reinstatement is void and of no legal effect).
cited Cited as authority (rule) Donald Baker v. City of Austin
Tex. App. · 2024 · confidence medium
Walker v. Harrison, 597 S.W.2d 913, 915 (Tex.1980); Tex. R.
discussed Cited as authority (rule) In Re Stelly Graciela Gonzalez v. the State of Texas (2×) also: Cited "see, e.g."
Tex. App. · 2024 · confidence medium
Walker v. Harrison, 597 S.W.2d 913, 915 (Tex. 1980) (orig. proceeding).
discussed Cited as authority (rule) In Re John Johnson v. the State of Texas (2×)
Tex. App. · 2023 · confidence medium
The Supreme Court has “repeatedly held that the time limits provided in rule 165a are mandatory and jurisdictional and that orders of reinstatement entered after their expiration are void.” Walker v. Harrison, 597 S.W.2d 913, 915 (Tex. 1980) (orig. proceeding).
cited Cited as authority (rule) in Re Martin Carlos Aboytes
Tex. App. · 2023 · confidence medium
Walker v. Harrison, 597 S.W.2d 913, 915 (Tex. 1980) (orig. proceeding).
discussed Cited as authority (rule) Diane Cummings and Everett Cummings v. Heidi Billman, Carole Billman, and Bradley Billman
Tex. App. · 2021 · confidence medium
The Supreme Court has “repeatedly held that the time limits provided in rule 165a are mandatory and jurisdictional and that orders of reinstatement entered after their expiration are void.” Walker v. Harrison, 597 S.W.2d 913, 915 (Tex. 1980) (orig. proceeding).
discussed Cited as authority (rule) Gwenalyn Westbrook, as Administrator of the Estate of Ernest Westbrook v. Heirs of David Crockett and Marvin Whitehead
Tex. App. · 2018 · confidence medium
See In re Dickason, 987 S.W.2d 570, 571 (Tex. 1998) (orig. proceeding) (trial court’s order granting new trial signed after expiration of plenary power had expired was void); Walker v. Harrison, 597 S.W.2d 913, 915 (Tex. 1980); Harris Cty. v. Miller, 576 S.W.2d 808, 809 (Tex. 1979) (orig. proceeding); Danforth Mem’l Hosp. v. Harris, 573 S.W.2d 762, 763 (Tex. 1978) (orig. proceeding); N-S-W Corp. v. Snell, 561 S.W.2d 798, 798-99 (Tex. 1977) (orig. proceeding); In re Valliance Bank, 422 S.W.3d 729, 732-33 (Tex. App.—Fort Worth 2013, no pet.) (orig. proceeding); United Residential Props., L…
discussed Cited as authority (rule) Inwood Forest Community Improvement Ass'n v. Arce
Tex. App. · 2015 · confidence medium
The Association also argues that, even if the trial court effectively made an oral ruling, a written ruling is nevertheless required under the reasoning of Walker v. Harri son, 597 S.W.2d 913, 915 (Tex.1980) (“When there is a time limit within which the court has jurisdiction to act, the order must be in writing, specific, and signed by the trial judge.”).
discussed Cited as authority (rule) in Re Valliance Bank
Tex. App. · 2013 · confidence medium
Ctr., Inc. v. Zardenetta , 776 S.W.2d 577, 578 (Tex. 1989) (orig. proceeding) (holding that no written order of reinstatement having been signed during court’s plenary period, the judgment of dismissal became final); Walker v. Harrison , 597 S.W.2d 913, 915 (Tex. 1980) (orig. proceeding) (“This court has repeatedly held that the time limits provided in rule 165a are mandatory and jurisdictional and that orders of reinstatement entered after their expiration are void.”).
discussed Cited as authority (rule) in Re Valliance Bank
Tex. App. · 2013 · confidence medium
Ctr., Inc. *733 v. Zardenetta, 776 S.W.2d 577, 578 (Tex.1989) (orig. proceeding) (holding that no written order of reinstatement having been signed during court’s plenary period, the judgment of dismissal became final); Walker v. Harrison, 597 S.W.2d 913, 915 (Tex.1980) (orig. proceeding) (“This court has repeatedly held that the time limits provided in rule 165a are mandatory and jurisdictional and that orders of reinstatement entered after their expiration are void.”).
discussed Cited as authority (rule) texapp 2013
Tex. App. · 2013 · confidence medium
Ctr., Inc. v. Zardenetta, 776 S.W.2d 577, 578 (Tex. 1989); Walker v. Harrison, 597 S.W.2d 913, 915 (Tex. 1980); Florance v. State, 352 S.W.3d 867 , 874 n.5 (Tex. App.—Dallas 2011, no pet.); In re Montemayor, 2 S.W.3d 542, 544-46 (Tex. App.—San Antonio 1999, orig. proceeding); see also In re Bokeloh, 21 S.W.3d 784, 792 (Tex. App.—Houston [14th Dist.] 2000, orig. proceeding) (holding that order reinstating case more than thirty days after dismissal was void). 3 In this case, the trial court’s order of dismissal was signed on August 24, 2011.
discussed Cited as authority (rule) Enriquez v. Livingston
Tex. App. · 2013 · confidence medium
Ctr., Inc. v. Zardenetta, 776 S.W.2d 577, 578 (Tex.1989); Walker v. Harrison, 597 S.W.2d 913, 915 (Tex.1980); Florance v. State, 352 S.W.3d 867 , 874 n. 5 (Tex.App.-Dallas 2011, no pet.); In re Montemayor, 2 S.W.3d 542, 544-46 (Tex.App.-San Antonio 1999, orig. proceeding); see also In re Bokeloh, 21 S.W.3d 784, 792 (Tex.App.-Houston [14th Dist.] 2000, orig. proceeding) (holding that order reinstating case more than thirty days after dismissal was void).
cited Cited as authority (rule) in Re Office of the Attorney General of Texas, Relator
Tex. App. · 2011 · confidence medium
Id.; Walker v. Harrison, 597 S.W.2d 913, 915 (Tex. 1980) (orig. proceeding).
cited Cited as authority (rule) in the Interest of B. J. H.-T., a Child
Tex. App. · 2011 · confidence medium
Walker v. Harrison, 597 S.W.2d 913, 915 (Tex. 1980) (orig. proceeding).
examined Cited as authority (rule) in the Interest of R.C.M., S.R.M., and J.W.M., Children (3×)
Tex. App. · 2010 · confidence medium
Id .; see Emerald Oaks Hotel/Conference Ctr., Inc. v. Zardenetta , 776 S.W.2d 577, 578 (Tex. 1989) (orig. proceeding); Walker v. Harrison , 597 S.W.2d 913, 915 (Tex. 1980) (orig. proceeding).
discussed Cited as authority (rule) in the Interest of R.C.M., S.R.M., and J.W.M., Children (2×)
Tex. App. · 2010 · confidence medium
Id.; see Emerald Oaks Hotel/Conference Ctr., Inc. v. Zardenetta, 776 S.W.2d 577, 578 (Tex. 1989) (orig. proceeding); Walker v. Harrison, 597 S.W.2d 913, 915 (Tex. 1980) (orig. proceeding).
discussed Cited as authority (rule) Rodney Gilliam v. Kroger P R O Club, Inc. (2×) also: Cited "see"
Tex. App. · 2007 · confidence medium
Failure to timely file a motion to reinstate within thirty days after the order of dismissal is signed or within the period provided by Rule 306(a) results in the loss of plenary power by the trial court to grant a motion to reinstate. (footnote: 3) Walker v. Harrison , 597 S.W.2d 913, 915 (Tex. 1980).
cited Cited as authority (rule) Daisy Mae Davis v. Jim R. Smith and Cost Plus of Texas, Inc.
Tex. App. · 2007 · confidence medium
Walker v. Harrison , 597 S.W.2d 913, 915 (Tex.1980).
cited Cited as authority (rule) Davis v. Smith
Tex. App. · 2007 · confidence medium
Walker v. Harrison, 597 S.W.2d 913, 915 (Tex.1980).
discussed Cited as authority (rule) John Earl Nolley v. Gary Medlin and Anita Cutrer
Tex. App. · 2005 · confidence medium
See Emerald Oaks Hotel/Conference Ctr., Inc. v. Zardenetta , 776 S.W.2d 577, 578 (Tex. 1989) (orig. proceeding) (holding that no written order of reinstatement having been signed during court’s plenary period, the judgment of dismissal became final, terminating the trial court's plenary power over its judgment); Walker v. Harrison , 597 S.W.2d 913, 915 (Tex. 1980) (orig. proceeding) (“This court has repeatedly held that the time limits provided in rule 165a are mandatory and jurisdictional and that orders of reinstatement entered after their expiration are void.”).
cited Cited as authority (rule) Dongchu Sun v. Yin Shao
Tex. App. · 2005 · confidence medium
Walker v. Harrison , 597 S.W.2d 913, 915 (Tex. 1980).
discussed Cited as authority (rule) Agostino Perna and Mobile Medical Training Unit, L.L.C. v. Tim Kennedy, Individually and as Representative of the Estate of Edna Mae Kennedy
Tex. App. · 2004 · confidence medium
"When there is a time limit within which the court has jurisdiction to act, the order must be in writing, specific, and signed by the trial judge." Walker v. Harrison, 597 S.W.2d 913, 915 (Tex. 1980).
cited Cited as authority (rule) Perna v. Taylor
Tex. App. · 2004 · confidence medium
“When there is a time limit within which the court has jurisdiction to act, the order must be in writing, specific, and signed by the trial judge.” Walker v. Harrison, 597 S.W.2d 913, 915 (Tex.1980).
discussed Cited as authority (rule) Smith v. McKee
Tex. App. · 2004 · confidence medium
See Emerald Oaks Hotel/Conference Ctr., Inc. v. Zardenetta, 776 S.W.2d 577, 578 (Tex.1989) (orig.proceeding) (holding trial court’s plenary power over its judgment of dismissal ends 105 days after the order of dismissal, and order of reinstatement must be signed during this period); In re Dickason, 987 S.W.2d 570, 570-71 (Tex.1998) (orig.proceeding) (holding trial court order signed after expiration of plenary period is void); Walker v. Harrison, 597 S.W.2d 913, 915 (Tex.1980) (orig.proceeding) (“This court has repeatedly held that the time limits provided in rule 165a are mandatory and ju…
discussed Cited as authority (rule) Wanda Lee Smith v. Robert D. McKee, Sr.
Tex. App. · 2004 · confidence medium
See Emerald Oaks Hotel/Conference Ctr., Inc. v. Zardenetta , 776 S.W.2d 577, 578 (Tex. 1989) (orig. proceeding) (holding trial court's plenary power over its judgment of dismissal ends 105 days after the order of dismissal, and order of reinstatement must be signed during this period); In re Dickason , 987 S.W.2d 570, 570-71 (Tex. 1998) (orig. proceeding) (holding trial court order signed after expiration of plenary period is void); Walker v. Harrison , 597 S.W.2d 913, 915 (Tex. 1980) (orig. proceeding) (“This court has repeatedly held that the time limits provided in rule 165a are mandatory…
discussed Cited as authority (rule) In Re Wal-Mart Stores, Inc. (2×) also: Cited "see"
Tex. App. · 2000 · confidence medium
Walker v. Harrison, 597 S.W.2d 913, 915 (Tex.1980).
discussed Cited as authority (rule) In Re Montemayor (2×) also: Cited "see"
Tex. App. · 1999 · confidence medium
Walker v. Harrison, 597 S.W.2d 913, 915 (Tex.1980, orig.proceeding). 4 “During the time in which a court may vacate, set aside, modify or amend its previous order, such actions must, to be effective, be by written order that is express and specific.” Id. at 915-16 (quoting McCormack v. Guillot, 597 S.W.2d 345, 346 (Tex.1980)).
cited Cited as authority (rule) in the Matter of E. R.
Tex. App. · 1996 · confidence medium
Walker v. Harrison , 597 S.W.2d 913, 915 (Tex. 1980) (an oral order is valid unless there is a time limit on the court's jurisdiction).
cited Cited as authority (rule) Charles L. Hardtke, Inc. v. Katz
Tex. App. · 1991 · confidence medium
Walker v. Harrison, 597 S.W.2d 913, 915 (Tex.1980).
discussed Cited as authority (rule) Dunn v. County of Dallas (2×)
Tex. App. · 1990 · confidence medium
Walker v. Harrison, 597 S.W.2d 913, 915 (Tex. 1980).
discussed Cited as authority (rule) Gulf Star Foundries, Inc. v. Robert S. Condon & Co. (2×) also: Cited "see, e.g."
Tex. App. · 1989 · confidence medium
However, in Walker v. Harrison, 597 S.W.2d 913, 914 (Tex.1980), the court dismissed the original action for want of prosecution and included the counterclaim in the dismissal.
cited Cited as authority (rule) Ex parte Cole
Tex. App. · 1989 · confidence medium
Dunn v. Dunn, 439 S.W.2d 830, 832 (Tex.1969); Walker v. Harrison, 597 S.W.2d 913, 915 (Tex.1980).
discussed Cited as authority (rule) Smith v. State
Tex. App. · 1984 · confidence medium
Our supreme court put to rest the question of the validity of oral pronouncements from the bench first in Dunn v. Dunn, 439 S.W.2d 830, 832 (Tex.1969), and subsequently in Walker v. Harrison, 597 S.W.2d 913, 915 (Tex.1980).
cited Cited as authority (rule) Ex Parte Olivares
Tex. · 1983 · confidence medium
Walker v. Harrison, 597 S.W.2d 913, 915 (Tex.1980).
cited Cited as authority (rule) UMC, INC. v. Arthur Bros., Inc.
Tex. App. · 1981 · confidence medium
Walker v. Harrison, 597 S.W.2d 913, 915 (Tex.1980); Dunn v. Dunn, 439 S.W.2d 830, 832 (Tex.1969).
discussed Cited "see" In Re: McDonald's Restaurants of Texas, Inc v. the State of Texas (2×) also: Cited "see, e.g."
Tex. App. · 2024 · signal: see · confidence high
See In re Johnson, No. 14-23-00633-CV, 2023 WL 8270966 , at *3 (Tex. App.—Houston [14th Dist.] Nov. 30, 2023, orig. proceeding) (mem. op.) (per curiam) (citing Walker, 597 S.W.2d at 915 ); see also In re Mast, No. 13-23-00305-CV, 2023 WL 5486359 , at *4 (Tex. App.—Corpus Christi–Edinburg Aug. 23, 2023, orig. proceeding) (mem. op.) (finding arguments relating to bill of review proceedings inapposite in a mandamus proceeding when trial court entered order reinstating case after plenary jurisdiction expired).
discussed Cited "see" Charles Schoellkopf v. Dominguez B. Salayes
Tex. App. · 2024 · signal: see · confidence high
See Walker v. Harrison, 597 S.W.2d 913, 915 (Tex. 1980) (orig. proceeding) (“[T]he time limits provided in rule 165a are mandatory and jurisdictional and . . . orders of reinstatement entered after their expiration are void.”); In re Romero, No. 01-21-00629-CV, 2022 WL 23939 , at *2 (Tex. App.—Houston [1st Dist.] Jan. 4, 2022, no pet.) (per curiam) (mem. op.) (holding that because trial court signed the order of reinstatement after its plenary power had expired, order of reinstatement was void). 3 On July 11, 2024, we notified Schoellkopf that his appeal was subject to dismissal for want…
discussed Cited "see" In Re Charles Bowen v. the State of Texas
Tex. App. · 2023 · signal: see · confidence high
See Walker v. Harrison, 597 S.W.2d 913, 915 (Tex. 1980) (orig. proceeding) ([“T]he time limits provided in rule 165a are mandatory and jurisdictional and . . . orders of reinstatement entered after their expiration are void.”); In re Valliance Bank, 422 S.W.3d 722, 729 (Tex. App.—Fort Worth 2012, orig. proceeding) (“Because the trial court signed the order of reinstatement after its plenary power had expired, we hold that the order of reinstatement is void and of no legal effect.”); In re Boglia, L.L.C., 2011 WL 13385443 , at *1 (Tex. App.—Houston [1st Dist.] Dec. 22, 2011, orig. p…
discussed Cited "see" In Re Frederick Alsandor v. the State of Texas (2×)
Tex. App. · 2023 · signal: see · confidence high
See Walker v. Harrison, 597 S.W.2d 913, 915 (Tex. 1980) (orig. proceeding).
discussed Cited "see" Frederick Wright v. Railroad Commission of Texas
Tex. App. · 2023 · signal: see · confidence high
See Walker v. Harrison, 597 S.W.2d 913, 915 (Tex. 1980) (orig. proceeding) (“[T]he time limits provided in rule 165a are mandatory and jurisdictional and . . . orders of reinstatement entered after their expiration are void”); In re Valliance Bank, 422 S.W.3d 722, 729 (Tex. App.—Fort Worth 2012, orig. proceeding) (“Because the trial court signed the order of reinstatement after its plenary power had expired, we hold that the order of reinstatement is void and of no legal effect.”); In re Boglia, L.L.C., No. 01-11-00891-CV, 2011 WL 13385443 , at *1 (Tex. App.—Houston [1st Dist.] Dec…
discussed Cited "see" Nikhil Dhanani v. J & N Global Construction LLC and William Alberto Miranda A/K/A Alberto Miranda
Tex. App. · 2019 · signal: see · confidence high
See Walker v. Harrison, 597 S.W.2d 913, 915 (Tex. 1980); Wittig, 909 S.W.2d at 244 (“An order of reinstatement entered after the expiration of the court’s plenary power is void because the trial court is without jurisdiction.”). 3 discretion in dismissing his case.
cited Cited "see" Newell M. Evans v. Theodore P. Fuller
Tex. App. · 2015 · signal: see · confidence high
See Walker v. Harrison, 597 S.W.2d 913, 915-16 (Tex. 1980) (orig. proceeding).
cited Cited "see" Maddox v. Texas Department of Protective & Regulatory Services
Tex. App. · 2001 · signal: see · confidence high
See Walker v. Harrison, 597 S.W.2d 913, 915-16 (Tex.1980); McCormack v. Guillot, 597 S.W.2d 345, 346 (Tex.1980); Reese v. Piperi, 534 S.W.2d 329, 331 (Tex.1976).
cited Cited "see" South Main Bank v. Wittig
Tex. App. · 1995 · signal: see · confidence high
See Walker v. Harrison, 597 S.W.2d 913, 915 (Tex.1980).
discussed Cited "see, e.g." United Residential Properties, L.P., William Maxwell and Tiffany Tallent v. Tom and Dwana Theis
Tex. App. · 2012 · signal: see, e.g. · confidence medium
See, e.g., Walker v. Harrison, 597 S.W.2d 913, 915 (Tex.1980) (“This court has repeatedly held that the time limits provided in rule 165a are mandatory and jurisdictional and that orders of reinstatement entered after their expiration are void.”).
cited Cited "see, e.g." Rickey Fantroy v. Fidelity National Title
Tex. App. · 2012 · signal: see also · confidence low
See In re Barber, 982 S.W.2d 364, 367 (Tex. 1998); see also Walker v. Harrison, 597 S.W.2d 913 , 915- 916 (Tex. 1980).
discussed Cited "see, e.g." in the Interest of G.H.D., a Minor Child
Tex. App. · 2005 · signal: see also · confidence medium
P. 165a(3), 329b(a); see McConnell , 800 S.W.2d at 194 ; see also Walker v. Harrison , 597 S.W.2d 913, 915 (Tex. 1980) (holding that time limits of rule 165a are jurisdictional); In re Wal-Mart Stores, Inc. , 20 S.W.3d at 740 (same).
R. E. WALKER, Jr., Relator,
v.
Hon. John Ray HARRISON, Judge, Et Al., Respondents
B-9036.
Texas Supreme Court.
Apr 16, 1980.
597 S.W.2d 913
DeLange, Hudspeth, Pitman & Katz, Eugene J. Pitman, Houston, for relator., Hirsch, Westheimer, Block & Wilk, Joe Holzer, Houston, for respondents.
Spears.
Cited by 80 opinions  |  Published
SPEARS, Justice.

Relator Walker petitions this court in an original proceeding for a writ of mandamus to compel District Judge Harrison to vacate his order reinstating a case previously dismissed for want of prosecution. We conditionally grant the writ of mandamus.

The question presented is whether Judge Harrison reinstated the case in accordance with rule 165a [1] before the trial court lost jurisdiction to do so. The pertinent part of rule 165a provides:

Within thirty days after the signing of the order of dismissal, the court shall reinstate the case upon finding, after hearing, that the failure of the party or his attorney was not intentional or the result of conscious indifference but was due to an accident or mistake. Where after a hearing the court finds that neither the party nor his attorney received a mailed notice, or acquired actual notice in any manner, of either the court’s intention to dismiss or the order of dismissal prior to the expiration of twenty days after the signing of such order, the court may reinstate the case at any time within thirty days after the party or his attorney first received either a mailed notice or actual notice, but in no event later than six months after the date of signing the order of dismissal.

Relator Walker was the plaintiff in the trial court in a suit styled Walker v. Oak Ridge Townhouse Apartments, Ltd., et al. One of the defendants, Houston National Bank, a respondent here, filed a counterclaim seeking to recover on several promissory notes. The court clerk, sometime prior to April 2, 1979, mailed a notice of intent to dismiss to the parties. The postcard notice stated that the case would be dismissed for want of prosecution on April 2, 1979 unless affirmative action was taken to retain it on the docket. No action was taken, and on April 12, the trial judge signed an order dismissing the case.

Counsel for the bank received actual notice of the dismissal on April 16 and on April 24 filed a motion to reinstate the[*915] counterclaim. A hearing on the motion was held on April 30. An entry on the docket sheet of the court dated April 30 reads: “Motion to reinstate denied, pleadings to be amended then granted.” Nothing further appears to have occurred until the trial judge rendered a signed order of reinstatement bearing the date of October 15.

The written order of reinstatement recites that it “came on to be heard” on April 30. As originally typed, the order read “Entered this 30th day of April 1979,” but the day and month have been marked through and “15” and “October” inserted, apparently in the handwriting of Judge Harrison whose name is signed at the end of the order. There is also a May 2 file mark on the order.

The bank acknowledged in its motion to reinstate that its attorney received actual notice on April 16, within 20 days from the signing of the order of dismissal. Under rule 165a, the trial court had only 30 days from the signing of the order of dismissal to reinstate the case. The 30-day period expired on Saturday, May 12; therefore, the last day on which the trial court could have reinstated the case was Monday, May 14. See rule 4.

This court has repeatedly held that the time limits provided in rule 165a are mandatory and jurisdictional and that orders of reinstatement entered after their expiration are void. Harris County v. Miller, 576 S.W.2d 808, 809 (Tex.1979); Danforth Memorial Hosp. v. Harris, 573 S.W.2d 762, 763 (Tex.1978); N-S-W Corp. v. Snell, 561 S.W.2d 798, 798 (Tex.1977). When the party seeking reinstatement of the case has actual knowledge of the dismissal within 20 days of the order of dismissal, an attempt to reinstate the case more than 30 days after the order has been signed is void because the court is without jurisdiction. In N-S-W Corp. v. Snell, supra, at 799 we held that a docket entry showing that reinstatement occurred within 30 days was ineffective to contradict or impeach the written order of reinstatement signed after 30 days had expired; thus, the order was void.

Respondent bank argues that the trial court did act within the 30-day limit by orally granting the motion on April 30 and entering its action on the docket sheet. This contention is supported, it is argued, by the clerk’s file stamp indicating that the written order was filed on May 2. The bank, citing Comet Aluminum Co. v. Dibrell, 450 S.W.2d 56, 58 (Tex.1970) and Knox v. Long, 152 Tex. 291, 257 S.W.2d 289, 292 (1953), contends that an order or judgment is rendered when the decision is officially announced either orally in open court or by memorandum filed with the clerk. The bank points out that under rule 306a oral judgments or orders are valid. See Dunn v. Dunn, 439 S.W.2d 830, 832-33 (Tex.1969).

There is, however, no statement of facts to support the bank’s assertion that the trial court orally granted the motion for reinstatement. In fact, the docket entry indicates that the motion was denied. Moreover, the clerk’s file mark on an order is not instructive. Orders of the court are not required to be filed by the clerk; they are signed by the judge and entered on the minutes of the court by the clerk. Neither the date of filing nor the date of entering a judgment is indicative of the date of signing. See Heard v. Heard, 305 S.W.2d 231, 234 (Tex.Civ.App.—Galveston 1957, writ ref’d).

While it is true that orders and judgments may be orally pronounced in open court, a different rule applies when there is a time limit placed on the court’s jurisdiction to act on a matter. When there is a time limit within which the court has jurisdiction to act, the order must be in writing, specific, and signed by the trial judge. See Reese v. Piperi, 534 S.W.2d 329, 331 (Tex.1976). In the recent case of McCormack v. Guillot, 597 S.W.2d 345 (Tex.1980) we noted the general rule:

During the time in which a court may vacate, set aside, modify or amend its[*916] previous order, such action must, to be effective, be by written order that is express and specific.

Thus, a written order signed by the trial judge was required within the 30-day time limit imposed by rule 165a; otherwise the trial court was without jurisdiction to reinstate the case. Since the written order was dated October 15, outside the 30-day limit, the attempted order of reinstatement was void. [2]

There is one final matter to consider. At the end of the order of October 15 it is stated: “Entered this 15th day of October 1979.” Although the use of the word “entered” is not helpful in determining when the order was actually signed by the judge, the record establishes that this is the date the trial judge signed the order, and there is nothing to indicate otherwise. Moreover, relator Walker’s verified petition in this court asserts that October 15 was the date of signing. In the absence of a verified denial of that fact, it is admitted as true. Burgemeister v. Anderson, 113 Tex. 495, 259 S.W. 1078 (1924).

Relying on Dean v. Warren, 464 S.W.2d 672 (Tex.Civ.App.—Tyler 1971, no writ), respondent bank contends that because no date of signing is recited in the judgment, the date of rendition of the order should be deemed to be the date of the hearing. Dean and the authorities cited therein involve the question whether steps for appeal were timely taken by an appellant under rule 306a. Under rule 306a, “the date of rendition of a judgment or order shall be deemed to be the date upon which the written draft thereof was signed by the trial judge as stated therein.” (emphasis added). When there is a recital of the date of signing on the face of the judgment, that date controls. Polis v. Alford, 267 S.W.2d 918, 919 (Tex.Civ.App.—San Antonio 1954, no writ); Cox v. Payne, 231 S.W.2d 957, 958 (Tex.Civ.App.—Amarillo 1950, no writ). When the judgment does not recite the date it was signed, it has been held that the critical time limits for determining steps for appeal are calculated from the date of rendition of the judgment as shown on the face of the judgment. Heard v. Heard, 305 S.W.2d 231, 235 (Tex.Civ.App.—Galveston 1957, writ ref’d); Magic Valley Produce Co. v. Baldridge, 393 S.W.2d 418, 420 (Tex.Civ.App.—Corpus Christi 1965, no writ); Headley Indep. School Dist. v. Doneghy, 358 S.W.2d 724, 726 (Tex.Civ.App.—Amarillo 1962, no writ). These cases are not controlling here, however. They involve a determination of when a judgment is rendered for the purpose of calculating the time from which the various steps of appeal must be taken under rule 306a. In the case before us, an entirely different question is presented — has the trial court acted within the time limit imposed by rule 165a before the court lost jurisdiction?

Finally, we are constrained to point out that the use of the word “entered” indicates that both trial counsel, who approved the order as to form, and the trial judge, who signed the order, ignored the clear mandate of this court in Burrell v. Cornelius, 570 S.W.2d 382, 384 (Tex.1978) that all orders and judgments reflect the date of signing, not that of entering. “ ‘Entered’ is synonymous with neither ‘Signed’ nor ‘Rendered’.” Id. Entry is done by the clerk in the minutes of the court and occurs after the judge has signed the order or judgment.

We assume that Judge Harrison will vacate his October 15 order of reinstatement voluntarily, and a writ of mandamus will issue only if he refuses to do so.

1

. All references to rules are to Texas Rules of Civil Procedure Annotated.

2

. Additionally, the October 15 order was more than six months after the dismissal and was also void for that reason.