Texas Department of Insurance, Division of Workers' Compensation v. Albertson's Inc., a Certified Self-Insured
This text of Texas Department of Insurance, Division of Workers' Compensation v. Albertson's Inc., a Certified Self-Insured (Texas Department of Insurance, Division of Workers' Compensation v. Albertson's Inc., a Certified Self-Insured) 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
COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
NO. 2-08-205-CV
TEXAS DEPARTMENT OF INSURANCE, APPELLANT DIVISION OF WORKERS’ COMPENSATION
V.
ALBERTSON’S INC., APPELLEE A CERTIFIED SELF-INSURED
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FROM COUNTY COURT AT LAW NO. 2 OF TARRANT COUNTY
MEMORANDUM OPINION 1
This appeal concerns which of four separate judgments is the proper final
judgment in this case. Both parties agree that the first judgment, signed April
10, 2003, is final and binding. Consequently, the subsequent judgments signed
on October 4, 2004 and October 22, 2007, and the April 1, 2008 “order” from
1 … See Tex. R. App. P. 47.4. which this appeal is taken are void because the trial court had no plenary power
to render those judgments.2
Accordingly, we vacate the April 1, 2008 order and dismiss this appeal
for want of jurisdiction.3
PER CURIAM
PANEL: CAYCE, C.J.; LIVINGSTON and WALKER, JJ.
DELIVERED: March 19, 2009
2 … Middleton v. Murff, 689 S.W.2d 212, 213 (Tex. 1985)(trial court has no “jurisdictional power” to vacate judgment under Tex. R. Civ. P. 329(b) after expiration of time within which it has plenary power unless judgment is void for lack of subject matter jurisdiction); Newsom v. Ballinger I.S.D., 213 S.W.3d 375, 380 (Tex. App.–Austin, no pet.) (same); see Tex. R. Civ. P. 329(b) (on expiration of the time within which the trial court has plenary power a judgment cannot be set aside by the trial court except by bill of review, provided that the court may correct clerical errors in the judgment and declare a prior judgment void for lack of plenary jurisdiction). 3 … See City of Garland v. Louton, 691 S.W.2d 603, 605 (Tex. 1985) (“If the trial court lacks subject matter jurisdiction, the appellate court can make no order other than reversing the judgment of the court below and dismissing the cause.”).
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