FARMER v. BEN E. KEITH CO.

No. 2-93-216-CV.

886 S.W.2d 492 (1994)

Linda Katherine FARMER, Appellant, v. BEN E. KEITH COMPANY, Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled December 6, 1994.


Attorney(s) appearing for the Case

Ken Wigginton, Ken Wigginton, P.C. & Associates, Wichita Falls, for appellant.

William L. Latham, McDonald Sanders, Fort Worth, for appellee.

Before HILL, C.J., and DAY and FARRAR, JJ.


OPINION

FARRAR, Justice.

This case addresses the effect on appellate timetables when a plaintiff files a supplemental original petition which abandons all outstanding, unlitigated claims while reasserting a claim on an issue on which the trial court has already signed a partial summary judgment. We conclude appellant's supplemental petition made the interlocutory summary judgment a final judgment and triggered the appellate timetables. Because appellant...

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