LANE BANK EQUIP. v. SMITH SOUTHERN EQUIP.

No. 98-1031.

10 S.W.3d 308 (2000)

LANE BANK EQUIPMENT CO., Petitioner, v. SMITH SOUTHERN EQUIPMENT, INC., Respondent.

Supreme Court of Texas.

Decided January 6, 2000.

Rehearing Overruled March 3, 2000.


Attorney(s) appearing for the Case

Walter J. Kronzer, III, Charles R. Kaufmann, Houston, for Petitioner.

John M. Mings, Houston, for Respondent.


Chief Justice PHILLIPS delivered the opinion of the Court, in which Justice BAKER, Justice ABBOTT, Justice HANKINSON, Justice O'NEILL and Justice GONZALES joined.

In this case, we decide whether a timely filed postjudgment motion seeking to add an award of sanctions to an existing judgment extends the thirty-day period in which a trial court may exercise plenary power over its judgment. The court of appeals held that such a motion qualified as a motion to modify,...

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