Legal Opinion

Continental Carbon Co. v. Sea-Land Service, Inc.

Texas Court of Appeals, 5th District (Dallas)

Decided September 29, 2000No. 05-99-01362-CVPublishedCited by 36 opinions

1Opinion of the Court

OPINION

Opinion By

Justice MOSELEY.

Appellant, Continental Carbon Company (“Continental”), was sued on a sworn account by appellee, Sea-Land Service, Inc. (“Sea-Land”). Continental obtained an agreement with Sea-Land extending its time to file an answer. However, Continental did not file an answer and, after the agreed time period expired, a default judgment was taken against it. Continental filed a motion for new trial, which was overruled by operation of law. On appeal, Continental argues the trial court abused its discretion by not granting its motion for new trial because: (1) Sea-Land did…

2Cases cited17 opinions

  1. Craddock v. Sunshine Bus Lines, Inc.Texas Supreme Court · 1939
  2. Peralta v. Heights Medical Center, Inc.Supreme Court of the United States · 1988
  3. Director, State Employees Workers' Compensation Division v. EvansTexas Supreme Court · 1994
  4. Strackbein v. PrewittTexas Supreme Court · 1984
  5. Eichelberger v. EichelbergerTexas Supreme Court · 1979

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3Cited by36 opinions

  1. Pns Stores, Inc., D/B/A MacFrugal's Bargain Closeouts D/B/A MacFrugals, Inc. v. Anna E. Rivera as Next Friend for Rachel RiveraTexas Supreme Court · 2012
  2. Limestone Construction, Inc. v. Summit Commercial Industrial Properties, Inc., Texas Court of Appeals, 3rd District (Austin)2004
  3. Panditi v. Apostle, Texas Court of Appeals, 5th District (Dallas)2006
  4. Awoniyi v. McWilliams, Texas Court of Appeals, 14th District (Houston)2008
  5. LEJ Development Corporation and L.E. Jowell, Jr. v. Southwest Bank, Texas Court of Appeals, 2nd District (Fort Worth)2013

31 more not listed; retrieve them via the Exa API.

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