Sheerin v. Exxon Corp.

OPINION

HUTSON-DUNN, Justice (Retired).

The Court previously considered whether the transcript in this appeal was timely filed. 1 Sheerin v. Exxon Corp., 923 S.W.2d 52 (Tex.App.—Houston [1st Dist.] 1995, order). We ordered the Clerk of the Court to file the transcript based on our interpretation of Mafrige v. Ross, 2 and we proceeded to submit the cause on the merits. Sheerin, 923 S.W.2d at 55-56. Since that time, the supreme court has held that (1) a summary judgment which erroneously grants more relief than was requested in the motion for summary judgment and contains a Mother Hubbard clause…