JENSEN v. KISRO

No. 16970.

561 S.W.2d 216 (1977)

E. Raymond JENSEN et ux., Appellants, v. Paul H. KISRO, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.)

Rehearing Denied January 19, 1978.


Attorney(s) appearing for the Case

Bernard & Bernard, D. R. Bernard, Melissa Smith, Houston, for appellants.

Felton, Giddens & Luck, Dale W. Felton, Houston, for appellee.


PEDEN, Justice.

E. Raymond and Myra Jensen appeal from the trial court's refusal to set aside a former judgment. Their motion was based on the death of the plaintiff prior to judgment and failure to join his heirs or personal representative. The trial court held that under Rule 329b(5), Texas Rules of Civil Procedure, it lacked jurisdiction to determine the matter because more than thirty days had passed since judgment had been rendered. Appellants contend that the...

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