Legal Opinion

Runnymede Corporation v. METROPLEX PLAZA INC.

Court of Appeals of Texas

Decided October 1, 1976No. 19076PublishedCited by 14 opinions

1Opinion of the Court

GUITTARD, Justice.

Appellee Tom Tenhagen moves to dismiss this appeal because the bond was not filed within thirty days after the final judgment was signed. We sustain the motion.

The question is whether a judgment in favor of one defendant is final and appeala-ble although it does not refer to an earlier interlocutory judgment in the same cause in favor of the only other defendant. We hold that it is.

Appellant Runnymede Corporation sued Metroplex Plaza, Inc. and Tom Tenhagen. On May 6, 1975, a summary judgment in favor of Metroplex was rendered and signed. No severance was ordered. On February…

2Cases cited4 opinions

  1. Webb v. JornsTexas Supreme Court · 1972
  2. H. B. Zachry Co. v. ThibodeauxTexas Supreme Court · 1963
  3. Thomas v. ShultCourt of Appeals of Texas · 1968
  4. Gaitz v. MarkmanCourt of Appeals of Texas · 1972

3Cited by14 opinions

  1. Radelow-Gittens Real Property Management v. Pamex Foods, Texas Court of Appeals, 5th District (Dallas)1987
  2. Corso v. CarrCourt of Appeals of Texas · 1982
  3. Ramirez v. Pecan Deluxe Candy Co., Texas Court of Appeals, 5th District (Dallas)1992
  4. McGrew v. Heard, Texas Court of Appeals, 1st District (Houston)1989
  5. State v. Snell, Texas Court of Appeals, 8th District (El Paso)1997

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