Legal Opinion

DSC Finance Corp. v. Moffitt

Texas Supreme Court

Decided September 18, 1991No. D-0124PublishedCited by 88 opinions

1Opinion of the Court

On Application foe WRIT of ERROR to THE COURT OF APPEALS FOR THE Fifth DistRict of Texas

2Per curiam

The order of this court of April 17, 1991, granting the application for writ of error is withdrawn, as the application was improvidently granted.

DSC Finance Corporation obtained a post-answer default judgment against Lawrence Moffitt for breach of a guaranty agreement. Moffitt challenged the judgment by writ of error to the court of appeals. 797 S.W.2d 661.

We recently stated the four elements of a writ of error appeal:

A direct attack on a judgment by writ of error must: (1) be brought within six months…

3Cases cited4 opinions

  1. General Electric Co. v. Falcon Ridge Apartments, Joint VentureTexas Supreme Court · 1991
  2. Brown v. McLennan County Children's Protective ServicesTexas Supreme Court · 1982
  3. Gourmet, Inc. v. HurleyCourt of Appeals of Texas · 1977
  4. Moffitt v. DSC Finance Corp., Texas Court of Appeals, 5th District (Dallas)1990

4Cited by88 opinions

  1. Norman Communications v. Texas Eastman Co.Texas Supreme Court · 1997
  2. Herbert v. Greater Gulf Coast Enterprises, Inc., Texas Court of Appeals, 1st District (Houston)1995
  3. TAC Americas, Inc. v. Boothe, Texas Court of Appeals, 3rd District (Austin)2002
  4. Laidlaw Waste Systems, Inc. v. Wallace, Texas Court of Appeals, 10th District (Waco)1997
  5. Casino Magic Corp. v. King, Texas Court of Appeals, 5th District (Dallas)2001

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