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GHOLSON v. THORN

No. 20314.

597 S.W.2d 568 (1980)

Marvin GHOLSON, Appellant, v. W. E. THORN et al., Appellees.

Court of Civil Appeals of Texas, Dallas.

April 4, 1980.

Attorney(s) appearing for the Case

George E. McCord, Dallas, for appellant.

W. Kyle Gooch, Smith, Smith, Dunlap & Canterbury, Wayne Pearson, Catherine A. Gerhauser, Burford & Ryburn, Dallas, for appellees.

Before GUITTARD, C. J., and AKIN and STOREY, JJ.

GUITTARD, Chief Justice.

Appellees have moved to dismiss this appeal on the ground that the transcript was not filed within sixty days after the judgment was signed, as required by Rule 386 of the Texas Rules of Civil Procedure. The problem arises from the signing of two identical judgments by different judges. We hold that the time for appeal started running from the signing of the first judgment although the judge who signed it was not the judge who actually decided...

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