TALMADGE TINSLEY CO., INC. v. KERR

No. 19030.

541 S.W.2d 207 (1976)

The TALMADGE TINSLEY CO., INC., Appellants, v. David J. KERR, Appellee.

Court of Civil Appeals of Texas, Dallas.

August 12, 1976.

Rehearing Denied August 12, 1976.


Attorney(s) appearing for the Case

Marshal W. Dooley, Herndon, Girand & Dooley, Dallas, for appellants.

William W. Wilson, Law Offices of David A. Witts, Dallas, for appellee.


Appeal Dismissed on Motion of Appellee on July 8, 1976.

ON MOTION FOR REHEARING

GUITTARD, Justice.

After a nonjury trial, the judge signed a draft of judgment on March 3, 1976, and then signed another on April 17, 1976. We heretofore dismissed the appeal on the ground that no appeal was perfected from the first judgment and that the second judgment was void because, under Tex.R.Civ.P. 329b(5), the first judgment became final and not subject to modification...

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