SOSA v. CENTRAL POWER & LIGHT

No. 95-0834.

909 S.W.2d 893 (1995)

Lydia SOSA, Individually and As Next Friend of Andres Sosa, Cynthia Sosa, and Robert Sosa, Minor Children, and Jesse Sosa, Petitioners, v. CENTRAL POWER & LIGHT and Houston Lighting & Power Company, Respondents.

Supreme Court of Texas.

November 16, 1995.


Attorney(s) appearing for the Case

Eugene Z. DuBose, Dallas, Hugo Xavier De Los Santon, San Antonio, for Petitioners.

F. Walter Conrad, Jr., Houston, John H. McLeod, Austin, Kevin M. Sadler, Austin, Richard T. McCarroll, Austin, Kay Andrews, Austin, J. Clifford Gunter, III, Houston, Larry F. York, Austin, Vernon B. Hill, Jr., McAllen, Allen B. Odum, Edinburg, Marc F. Wiegand, Houston, Michelle A. Blaine, Houston, John T. Dailey, San Antonio, for Respondents.


PER CURIAM.

This case involves the construction of Rule 63 of the Texas Rules of Civil Procedure. The question is whether Rule 4 governs the computation of the time period in Rule 63. Rule 63 provides that an amended pleading requires leave of court if it is filed within seven days of trial. Because we conclude Rule 4 does govern, we reverse the judgment of the court of appeals and remand the case to the trial court for further proceedings. Tex.R.App.P. 170.

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