CITY OF SAN ANTONIO v. RODRIGUEZ

No. D-1102.

828 S.W.2d 417 (1992)

CITY OF SAN ANTONIO, Petitioner, v. Abraham and Alicia RODRIGUEZ, Individually and as Sole Heirs of Sandra Rodriguez, Respondents.

Supreme Court of Texas.

Rehearing Overruled April 8, 1992.


Attorney(s) appearing for the Case

Lowell F. Denton, Sarah B. Duncan, San Antonio, Thomas F. Nye, Corpus Christi, David W. Ross, Allan K. DuBois, Laura Cavaretta, San Antonio, for petitioner.

Randall C. Jackson, Jr., Les Mendelsohn, San Antonio, for respondents.


PER CURIAM.

We consider whether a notice of appeal, timely filed in the proper court and carrying the correct style but displaying the wrong cause number, is sufficient to perfect appeal and avoid dismissal.

On October 1, 1990, the deadline for perfection of appeal in the present case, the City of San Antonio (the City) filed notice of appeal along with a post-judgment motion to modify or correct judgment.1 The City placed the...

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