Legal Opinion

Wallingford v. Trinity Universal Insurance Co.

Texas Court of Appeals, 7th District (Amarillo)

Decided November 27, 2007No. 07-06-0142-CVPublishedCited by 9 opinions

1Opinion of the Court

OPINION

JAMES T. CAMPBELL, Justice.

The trial court dismissed the “old act” 1 workers’ compensation case of appellant Cheryl Sue Wallingford for want of prosecution. Thereafter, she received notice of the dismissal, timely filed a motion to reinstate, and participated in the hearing of her motion. Despite indication of the trial court’s intention to reinstate, no order of reinstatement was signed. After the court’s plenary jurisdiction expired, it sustained Trinity’s motion to dismiss for lack of jurisdiction. Wallingford timely appealed. Finding the trial court lost jurisdiction when no order…

2Cases cited28 opinions

  1. Texas Department of Parks & Wildlife v. MirandaTexas Supreme Court · 2004
  2. Texas Ass'n of Business v. Texas Air Control BoardTexas Supreme Court · 1993
  3. Bland Independent School District v. BlueTexas Supreme Court · 2000
  4. Sax v. VottelerTexas Supreme Court · 1983
  5. University of Texas Medical School at Houston v. ThanTexas Supreme Court · 1995

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3Cited by9 opinions

  1. Alfonso Kennard Jr., Daniel J. Salas Jr., and Kennard Law, P.C. Attorneys at Law v. Dr. Tibor Toth, DMD D/B/A Toth Pediatric Dentistry, Texas Court of Appeals, 13th District2023
  2. Bessie Lee, Mickey Gerald, Sr., and All Occupants v. Aurora Loan Services, L.L.C., Texas Court of Appeals, 6th District (Texarkana)2009
  3. Bessie Lee, Mickey Gerald, Sr., and All Occupants v. Aurora Loan Services, L.L.C., Texas Court of Appeals, 6th District (Texarkana)2009
  4. In Re: McDonald's Restaurants of Texas, Inc v. the State of Texas, Texas Court of Appeals, 8th District (El Paso)2024
  5. Johnson Roofing, Inc. D/B/A Johnson Auctions v. Discount Rental, Inc. and Billy Perry, Texas Court of Appeals, 10th District (Waco)2010

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