Shields v. Amicable Life Ins. Co.

287 S.W. 293

• Court: Court of Appeals of Texas
• Decided: October 21, 1926
• Docket: No. 420.
• Status: Published

Opinion

BARCUS, J.

This cause was tried before tbe court on November 3, 1925, and tbe court adjourned for tbe term on December 19tb. Judgment was not entered at tbe November term of court, and on January 22, 1926, tbe court entered judgment for appellee, wbo was defendant in the trial court, nunc pro tunc as of date November 3, 1925. Prom this judgment appellant gave due notice of appeal. On January 8, 1925, some two weeks before tbe judgment nunc pro tunc was entered, appellant filed bis appeal bond.' Our courts have uniformly held that an appeal will not lie until tbe judgment is actually rendered, and that tbe time for appeal from a judgment entered nunc pro tunc begins from tbe actual entry thereof. Slayden & Co. v. Palmo (Tex. Civ. App.) 90 S. W. 908; Palmo v. Slayden & Co., 100 Tex. 13, 92 S. W. 796; Trotti v. Kinnear (Tex. Civ. App.) 144 S. W. 326. Where an appeal is taken from a judgment entered nunc pro tunc, an appeal bond filed before said judgment is entered of record does not confer jurisdiction on tbe Court of Civil Appeals. Cooper v. Carter (Tex. Civ. App.) 233 S. W. 1020; Stinnett v. Dudley (Tex. Civ. App.) 277 S. W. 801. It appearing from tbe record that tbe appeal bond in this case was filed-before tbe judgment was entered nunc pro tunc on January 22d, same conferred no jurisdiction on this court.

Tbe appeal is dismissed for want of jurisdiction.