Legal Opinion
Mr. Penguin Tuxedo Rental & Sales, Inc. v. NCR Corp.
Court of Appeals of Texas
Decided September 14, 1989No. 11-89-226-CVPublishedCited by 3 opinions
1Opinion of the Court
OPINION
2Per curiam
The controlling issue is whether the motion for new trial was timely filed. Mr. Penguin Tuxedo Rental & Sales, Inc. sued NCR Corporation and Sanders Bailey to recover damages Mr. Penguin allegedly incurred when a computer system it purchased from NCR failed to perform. The trial judge signed a summary judgment in favor of NCR and Bailey on March 24, 1989. Pursuant to TEX.R.CIV.P. 4 and 329b, the motion for new trial was due to be filed on or before April 24, 1989. The motion for new trial was filed by the district clerk on April 27, 1989.
It is undisputed that appellant sent the motion…
3Cases cited2 opinions
- Henry G. Pugsley v. Commissioner of Internal Revenue, Joseph T. Rezzonico v. Commissioner of Internal RevenueCourt of Appeals for the Eleventh Circuit · 1985
- Texas State Board of Public Accountancy v. FulcherCourt of Appeals of Texas · 1974
4Cited by3 opinions
- Mr. Penguin Tuxedo Rental & Sales, Inc. v. NCR Corp.Texas Supreme Court · 1990
- Eujenia Olivas, Individually and as Next Friend of Ignacio Olivas v. Ron Jackson, Executive Director, Texas Youth Commission Steve Robinson, Executive Director, Texas Youth Commission Ed White, Assistant Executive Director, Support Services Division, Texas Youth Commission, Texas Court of Appeals, 3rd District (Austin)1995
- John Jay Stokes, Jr. Gem Stokes and Stokes Properties, Inc. v. Aberdeen Insurance Company and Highlands Insurance Company, Texas Court of Appeals, 3rd District (Austin)1995