Legal Opinion
Kirschberg v. Lowe
Court of Appeals of Texas
Decided June 30, 1998No. 04-98-00307-CVPublishedCited by 1 opinion
1Opinion of the Court
On Motion to Dismiss
DUNCAN, Justice.
Patrick Lowe, Trustee for Armando Rey and Sylvia Rey, Debtors, and Armando Rey ask that we dismiss this appeal as untimely perfected because Morris J. Kirsehberg failed to establish a new judgment date in accordance with Rule 306a, Tex. R. Civ. P. We hold Kirschberg’s motion for judgment non obstante veredicto extended the appellate timetable because it was filed within the time for filing a motion for new trial and “assailed the trial court’s judgment.” Gomez v. Texas Dep’t of Criminal Justice, 896 S.W.2d 176, 176 (Tex. 1995)(per curiam). We therefore deny…
2Cases cited15 opinions
- Home Owners Funding Corp. of America v. Scheppler, Texas Court of Appeals, 13th District1991
- Mercer v. BandCourt of Appeals of Texas · 1970
- Miller Brewing Co. v. VillarrealTexas Supreme Court · 1992
- Gomez v. Texas Department of Criminal Justice, Institutional DivisionTexas Supreme Court · 1995
- Brazos Electric Power Cooperative, Inc. v. Callejo, Texas Court of Appeals, 5th District (Dallas)1987
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