Legal Opinion

America's Favorite Chicken Co. v. Galvan

Texas Court of Appeals, 4th District (San Antonio)

Decided March 31, 1995No. 04-94-00713-CVPublishedCited by 25 opinions

1Opinion of the Court

OPINION

LOPEZ, Justice.

Appellant brings this appeal to question a nunc pro tunc judgment which amends “with prejudice” language in an order granting ap-pellee’s motion for nonsuit to read “without prejudice.” It was undisputed that appel-lee’s counsel accidentally moved for nonsuit “with prejudice,” and that the trial court granted the motion and issued its order accordingly. Because there was no evidence that the judgment entered differed from the judgment rendered, any error in the judgment entered was not a clerical error which could be corrected by a nunc pro tunc judgment. We therefore…

2Cases cited16 opinions

  1. Escobar v. EscobarTexas Supreme Court · 1986
  2. Crofts v. Court of Civil Appeals for the Eighth Supreme Judicial DistrictTexas Supreme Court · 1962
  3. Comet Aluminum Company v. DibrellTexas Supreme Court · 1970
  4. Dikeman v. SnellTexas Supreme Court · 1973
  5. Mossler v. ShieldsTexas Supreme Court · 1991

11 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Hernandez v. Lopez, Texas Court of Appeals, 1st District (Houston)2009
  2. Hervey v. Flores, Texas Court of Appeals, 8th District (El Paso)1998
  3. Martin v. Martin, Martin & Richards, Inc.Court of Appeals of Texas · 1997
  4. In Re Wal-Mart Stores, Inc., Texas Court of Appeals, 8th District (El Paso)2000
  5. Claxton v. (Upper) Lake Fork Water Control & Improvement District No. 1, Texas Court of Appeals, 6th District (Texarkana)2007

20 more not listed; retrieve them via the Exa API.

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