Black v. San Antonio Express
This text of 458 S.W.2d 100 (Black v. San Antonio Express) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Petitioner, Francis Marion Black, seeks leave to file his petition for Writ of Mandamus to order the Judge of the 45th District Court of Bexar County to set a hearing in Cause No. F-195, 256, styled Francis Marion Black v. Express Publishing Company. It appears from certified copies of the instruments entered of record in this cause that by order signed on June 26, 1968, defendant’s plea in abatement was sustained and this cause dismissed.
Such order of dismissal disposed of the entire cause and accordingly was a final judgement. Petitioner did not file a motion for new trial within the time required by law, nor did he perfect an appeal from said judgment. The trial court lacks jurisdiction to grant petitioner a hearing in said cause.
Leave to file such mandamus is therefore denied.
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Cite This Page — Counsel Stack
458 S.W.2d 100, 1970 Tex. App. LEXIS 2057, Counsel Stack Legal Research, https://law.counselstack.com/opinion/black-v-san-antonio-express-texapp-1970.