Douglas R. Modisette v. Doc's Painting, Inc.

• Court: Court of Appeals of Texas
• Decided: April 16, 2002
• Docket: 06-02-00005-CV
• Status: Published

Opinion

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-02-00005-CV

DOUGLAS R. MODISETTE, Appellant

V.

DOC'S PAINTING, INC., Appellee

On Appeal from the 124th Judicial District Court

Gregg County, Texas

Trial Court No. 2001-1447-B

Before Cornelius, C.J., Grant and Ross, JJ.

Opinion by Justice Grant

O P I N I O N

Douglas R. Modisette has filed a motion asking this court to dismiss his appeal because all matters in controversy have now been settled between the parties. The motion is granted. Tex. R. App. P. 42.1.

The appeal is dismissed.

Ben Z. Grant

Justice

Date Submitted: April 16, 2002

Date Decided: April 16, 2002

Do Not Publish

r want of jurisdiction.

Donald R. Ross

Date Submitted: September 17, 2002

Date Decided: September 18, 2002

1. The record also shows the trial court entered a judgment nunc pro tunc February 15, 2002. The judgment nunc pro tunc corrected the original judgment to show the jury made an affirmative deadly weapon finding. Had the notice of appeal been filed ninety days from the date of the nunc pro tunc judgment, this Court would have jurisdiction to consider only the validity of the nunc pro tunc judgment. See Jones v. State, 795 S.W.2d 199, 202 n.6 (Tex. Crim. App. 1990). However, the notice of appeal was also untimely with respect to the nunc pro tunc judgment.