Legal Opinion

Thrower v. Johnston

Texas Court of Appeals, 5th District (Dallas)

Decided July 5, 1989No. 05-87-00775-CVPublishedCited by 9 opinions

1Opinion of the Court

OPINION ON REHEARING

HOWELL, Justice.

Our original opinion is withdrawn; the following is now the opinion of the Court.

Richard and Michelle Thrower appeal a default judgment rendered against them in county court, contending that the trial court abused its discretion in refusing to grant appellants a continuance when their attorney had to appear on the same day as a party in another case in another county. For the reasons recited below, we agree. We reverse the judgment and remand for new trial.

Appellee, Mrs. Dan P. Johnston, instituted the present lawsuit to recover rental payments under a…

2Cases cited7 opinions

  1. Craddock v. Sunshine Bus Lines, Inc.Texas Supreme Court · 1939
  2. Villegas v. CarterTexas Supreme Court · 1986
  3. State v. CrankTexas Supreme Court · 1984
  4. Garcia v. Texas Employers' Insurance Ass'nCourt of Appeals of Texas · 1981
  5. Galaznik v. Galaznik, Texas Court of Appeals, 4th District (San Antonio)1984

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3Cited by9 opinions

  1. Moffitt v. DSC Finance Corp., Texas Court of Appeals, 5th District (Dallas)1990
  2. Ricardo N., Inc. v. Turcios De Argueta, Texas Court of Appeals, 13th District1994
  3. Cervantes, Maria Del Refugio v. the Goodyear Tire & Rubber Company, Texas Court of Appeals, 8th District (El Paso)2002
  4. Cervantes, Maria Del Refugio, Individually and as Representative of the Estate of Tomas Rogelio Retana and Next Friends of Tomas Rogelio Retana Cervantes, Daniela Anali Retana Cervantes, Blanca Abigail Retana Cervantes, Vianey Angelica Retana v. Hausman Bus Sales, Inc., Texas Court of Appeals, 8th District (El Paso)2002
  5. Daugherty, Joyce E. v. Jennifer S. Ray, Texas Court of Appeals, 1st District (Houston)2002

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