Legal Opinion

Harris County Hospital District v. Estrada

Texas Court of Appeals, 1st District (Houston)

Decided May 8, 1992No. 01-92-00130-CVPublishedCited by 22 opinions

1Opinion of the Court

ORDER ON REHEARING

COHEN, Justice.

This is an appeal from a judgment for the plaintiffs in a wrongful death and survival action. Trial was to the court without a jury. We withdraw our opinion of March 26, 1992 dismissing for lack of jurisdiction and substitute this order.

The issue before us is whether the deadline to perfect appeal was extended by a motion for new trial that was both filed and overruled before the judgment was signed. We hold that such a motion extends the time to file the bond to perfect appeal.

The chronology of events follows:

August 15, 1991 Trial began.

August 19, 1991 The…

2Cases cited10 opinions

  1. Fulton v. FinchTexas Supreme Court · 1961
  2. Alford v. Whaley, Texas Court of Appeals, 1st District (Houston)1990
  3. White v. Schiwetz, Texas Court of Appeals, 13th District1990
  4. Brazos Electric Power Cooperative, Inc. v. Callejo, Texas Court of Appeals, 5th District (Dallas)1987
  5. Johnson v. Tom Thumb Stores, Inc., Texas Court of Appeals, 5th District (Dallas)1989

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

3Cited by22 opinions

  1. Fredonia State Bank v. General American Life Insurance Co.Texas Supreme Court · 1994
  2. Wilkins v. Methodist Health Care SystemTexas Supreme Court · 2005
  3. El-Kareh v. Texas Alcoholic Beverage CommissionCourt of Appeals of Texas · 1994
  4. Nuchia v. Woodruff, Texas Court of Appeals, 14th District (Houston)1997
  5. In Re Bokeloh, Texas Court of Appeals, 14th District (Houston)2000

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

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