Thorpe v. Volkert

OPINION

MIRABAL, Justice.

The main issue in this case is whether the trial court lost jurisdiction after the first trial, making the second trial and resulting judgment a nullity. We hold the trial court had jurisdiction to conduct the second trial, and we affirm the second judgment.

Appellee, David L. Volkert (plaintiff), brought a breach of contract suit against All-American Pavement Services, Inc., two officers of the corporation, and appellant William Thorpe (defendant Thorpe). On July 15, 1991, the trial court granted plaintiffs motion for interlocutory summary judgment against…