Vanscot Concrete Co. v. Bailey

This case presents the question of whether a corporation which has ceased to exist under law may appeal a trial court’s judgment against that corporation. The court of appeals dismissed the appeal on the grounds that a nonexisting appellant cannot appeal. 843 S.W.2d 193 (1992). We reverse and remand to the court of appeals for consideration of the appeal.

On July 2, 1986, Vanscot Concrete Company was merged into Tarmac Texas, Inc. The articles of merger were properly filed with the secretary of state’s office. Three months later, Wallace Bailey, Jr. was injured when contaminated concrete,…