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SCHAEFFER HOMES, INC. v. ESTERAK

No. 08-90-00168-CV.

792 S.W.2d 567 (1990)

The SCHAEFFER HOMES, INC., and John Doe I Through X, as Officers and Directors of The Schaeffer Homes, Inc., Appellants, v. David R. ESTERAK and Kathy L. Esterak, Appellees.

Court of Appeals of Texas, El Paso.

June 20, 1990.

Attorney(s) appearing for the Case

Peter F. Gazda, Reed & Manning, San Antonio, for appellants.

E.K. Peticolas, Peticolas, Broaddus & Shapleigh, El Paso, for appellees.

Before OSBORN, C.J., and WOODARD and KOEHLER, JJ.

OPINION

PER CURIAM.

This is an appeal from a default judgment entered against the Appellants on January 12, 1990. A timely motion to vacate such judgment, or in the alternative grant a new trial, was filed on February 9, 1990. The judge was empowered to rule on such motion within seventy-five days of the date judgment was entered, i.e., not later than March 28, 1990. Tex.R.Civ.P. 329b(a) and (c). If a timely motion is filed and is overruled by operation...

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