Opinion

Lane Bank Equipment Co. v. Smith Southern Equipment, Inc.

  • 10 S.W.3d 308
  • 2000 WL 4866
Court
Texas Supreme Court
Filed
Mar 3, 2000
Status
Published
Author
Enoch
On the bench
Abbott, Baker, Enoch, Gonzales, Hankinson, Hecht, O'Neill, Owen, Phillips
Cited by
362 cases

holding that “any change to a judgment made by the trial court while it retains plenary jurisdiction will restart the appellate timetable under Rule 329b(h), but only a motion seeking a substantive change will extend the appellate deadlines and the court’s plenary power under Rule 329b(g)” (citation omitted) (emphasis added)

How later courts described this case

  • holding that “any change to a judgment made by the trial court while it retains plenary jurisdiction will restart the appellate timetable under Rule 329b(h), but only a motion seeking a substantive change will extend the appellate deadlines and the court’s plenary power under Rule 329b(g)” (citation omitted) (emphasis added)
  • holding that any change to a judgment made by the trial court while it retains plenary jurisdiction will restart the appellate timetable, but only a motion seeking a substantive change will extend the appellate deadlines and the trial court’s plenary power
  • holding that "a timely filed postjudgment motion that seeks a substantive change in an existing judgment qualifies as a motion to modify under Rule 329b(g), thus extending the trial court's plenary jurisdiction and the appellate timetable"
  • explaining that the filing of a motion for new trial or a motion to modify, correct or reform the judgment within the initial thirty-day period extends the trial court’s jurisdiction over its judgment up to an additional seventy-five days

Written by the judges who cited it.

The opinion

Justice ENOCH,

joined by Justice OWEN, concurring.

I agree with Justice Hecht’s conclusions except to the extent he would permit a postjudgment motion that requests relief that could be included in the judgment to extend the trial court’s plenary jurisdiction and the time for perfecting an appeal. The time-focus of Rule 329b 1 is predicated *323 on a motion assailing the judgment. Consequently, the postjudgment motion must target the judgment in order to extend the court’s plenary jurisdiction under Rule 329b.

Rule 329b(g) refers to a “motion to modify, correct, or reform a judgment.” 2 At a minimum, the motion must alert the court to the fact that the movant wants the judgment changed — whether because of the nature of the relief requested or by an explicit request that the judgment be changed. A request for relief that could, but need not, be included in a final judgment is not sufficient.

In any event, I agree with Justice Hecht that a timely-filed postjudgment motion that seeks a change in an existing judgment, whether or not the change sought is material or substantial, qualifies as a Rule 329b(g) motion to modify. Because the Court holds that the change must be substantial, I .can only concur in the judgment.

. See Tex.R. Civ. P. 329b(g).

. Id.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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