GULF INS. CO. v. CLARKE

No. 01-94-01022-CV.

902 S.W.2d 156 (1995)

GULF INSURANCE COMPANY, Appellant, v. Rufus B. CLARKE, Appellee.

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

Rehearing Overruled July 6, 1995.


Attorney(s) appearing for the Case

William Book, Dimitri Zgourides, Houston, for appellant.

Glenn H. Devlin, Houston, Vincent L. Marable, III, Wharton, for appellee.

Before OLIVER-PARROTT, C.J., and HEDGES and ANDELL, JJ.


OPINION

ANDELL, Justice.

In this appeal from a $1,890,000 summary judgment rendered in favor of appellee, Rufus B. Clarke, this Court is required to determine when a judgment against an insured becomes final for purposes of instituting a third-party beneficiary action against an insurance carrier. We hold that the judgment is final once the trial court's plenary power to alter the judgment has expired and execution on the judgment, if appealed, has not been...

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