Wilkins v. Methodist Health Care System
Texas Supreme Court
1Opinion of the CourtJustice O’Neill
In this case, the trial court granted the defendant’s motion for summary judgment, but then granted the plaintiffs motion for new trial, reconsidered the summary-judgment motion and the additional evidence and argument plaintiff offered in response, and again granted summary judgment in the defendant’s favor. We must decide whether the plaintiffs motion for new trial, which was granted before the second judgment was signed, operated to extend the appellate timetable. We hold that, because a motion for new trial that is granted cannot assail a later-signed judgment, it did not. Accordingly, we…
2Cases cited10 opinions
- Johnson v. Fourth Court of AppealsTexas Supreme Court · 1985
- Fredonia State Bank v. General American Life Insurance Co.Texas Supreme Court · 1994
- Continental Southern Lines, Inc. v. HillandTexas Supreme Court · 1975
- Cummins v. Paisan Construction Co.Texas Supreme Court · 1984
- Wichita Falls Traction Co. v. CookTexas Commission of Appeals · 1933
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- Figueroa v. Davis, Texas Court of Appeals, 1st District (Houston)2010
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