Legal Opinion
In Re Barber
Texas Supreme Court
Decided February 4, 1999No. 98-0090PublishedCited by 131 opinions
1Opinion of the CourtPhillips, Chief Justice
in which GONZALEZ, HECHT, ENOCH, OWEN, ABBOTT and HANKINSON, Justices, join.
In the suit underlying this mandamus action, the trial court erroneously rendered a default judgment against the defendant, who in fact had timely answered. We must decide whether the trial court abused its discretion in determining that its plenary jurisdiction expired on September 12, 1996, because the parties’ proposed agreed order to set aside the default judgment and grant a new trial was never signed. We hold that the agreed order was signed as a matter of law, and that the trial court abused its discretion in…
2Cases cited15 opinions
- Walker v. PackerTexas Supreme Court · 1992
- Mitchell Energy Corp. v. AshworthTexas Supreme Court · 1997
- Benavides v. State, Texas Court of Appeals, 13th District1988
- Paulus v. StateCourt of Criminal Appeals of Texas · 1982
- Griffin Industries, Inc. v. Honorable Thirteenth Court of AppealsTexas Supreme Court · 1996
10 more not listed; retrieve them via the Exa API.
3Cited by131 opinions
- In Re Columbia Medical Center of Las Colinas, Subsidiary, L.P.Texas Supreme Court · 2009
- Unifund CCR Partners v. VillaTexas Supreme Court · 2009
- In Re Burlington Coat Factory Warehouse of McAllen, Inc.Texas Supreme Court · 2005
- in the Interest of D.W., T.W., and S.G., Children, Texas Court of Appeals, 2nd District (Fort Worth)2008
- Eric B. Darnell v. Carmen Broberg and Michael J. Zimprich, Texas Court of Appeals, 8th District (El Paso)2018
126 more not listed; retrieve them via the Exa API.