Lucas v. Bishop

OPALA, Justice,

with whom SIMMS, J., joins, dissenting in part.

Concluding that the appellant’s petition in error was timely filed, the court holds today that the August 18, 1993 record entry of the trial court’s ruling tendered for our review— and not the earlier May 4,1993 filed memorial1 — triggers appeal time in this case. In *413reaching its conclusion the court incorrectly applies Manning’s2 rule of prospectivity. Since the trial judge did not request either party’s counsel to prepare another memori-alization of his May 4 ruling, there was no confusion about the effective date of the summary…