GERDES v. MARION STATE BANK

No. 04-88-00468-CV.

774 S.W.2d 63 (1989)

Maurice F. GERDES, Appellant, v. MARION STATE BANK, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied July 20, 1989.


Attorney(s) appearing for the Case

Stephen D. Finch, Finch & Finch, Seguin, for appellant.

James S. Frost, Threlkeld & Saegert, Seguin, for appellee.

Before REEVES, PEEPLES and CARR, JJ.


OPINION

PEEPLES, Justice.

In this case we must decide whether a trial court can amend a default judgment record after the defaulted party has perfected a writ of error appeal. We hold that it cannot.

Defendant Maurice Gerdes was served on April 29, 1988. When he failed to answer, plaintiff Marion State Bank obtained a default judgment on June 20, 1988. After the judgment had become final and the court had lost plenary power to modify it, Gerdes brought...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases