HARRIS COUNTY HOSP. DIST. v. ESTRADA

No. 01-92-00130-CV.

831 S.W.2d 876 (1992)

HARRIS COUNTY HOSPITAL DISTRICT, Appellant, v. Joe ESTRADA, Stella Paredes, Reynaldo Estrada, Mary Elizabeth Landin, Deborah Luna, Anthony Luna, Herman Luna, Armando Luna, Mike Martinez, and John Luna, all Individually and as Surviving Heirs at Law and Next of Kin of Carolina R. Gonzales, Deceased, and Linda Vega, Individually and as Surviving Heir at Law and Next of Kin of Carolina R. Gonzales, Deceased, and as Next Friend of Jesus Gonzales, Jr., and Rebecca Gonzales, Individually and as Surviving Heir at Law and Next of Kin of Carolina R. Gonzales, Deceased and as Personal Representative of the Estate of Carolina R. Gonzales, Deceased, Appellees.

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

May 8, 1992.


Attorney(s) appearing for the Case

Mike Driscoll, County Atty., Daniel J. Simms, Asst. County Atty., Houston, for appellant.

Patrice M. Barron, Tom Edwards, Houston, for appellee.

Before SAM BASS, WILSON and COHEN, JJ.


ORDER ON REHEARING

COHEN, Justice.

This is an appeal from a judgment for the plaintiffs in a wrongful death and survival action. Trial was to the court without a jury. We withdraw our opinion of March 26, 1992 dismissing for lack of jurisdiction and substitute this order.

The issue before us is whether the deadline to perfect appeal was extended by a motion for new trial that was both filed and overruled before the judgment was signed. We hold that...

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