(Download) "Tommy Goff v. Ernst Tuchscherer" by The Supreme Court of Texas No. C-369 " Book PDF Kindle ePub Free
eBook details
- Title: Tommy Goff v. Ernst Tuchscherer
- Author : The Supreme Court of Texas No. C-369
- Release Date : January 27, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Per Curiam The court of civil appeals, dismissing the appeal in this venue case, held that Tommy Goff, the appellant, had not perfected his appeal within twenty days from the date the trial court overruled a plea of privilege. 614 S.W.2d 934. The procedural rules as they existed prior to January 1, 1981, apply to this case because the trial court's orders in question were made during November 1980. This court has jurisdiction because the decision of the court of civil appeals in this cause on its face conflicts with the prior decision of another court of civil appeals in Canales v. Salinas, 288 S.W.2d 207 (Tex. Civ. App. San Antonio 1956, writ dism'd). See John Farrell Lumber Co. v. Wood, 400 S.W.2d 307 (Tex. 1966); TEX. REV. CIV. STAT. ANN. art. 1821. The trial court conducted a venue hearing on September 18, 1980; on November 5, 1980, the judge wrote a letter stating that he had overruled the plea of privilege. The letter also called on counsel to prepare and present an appropriate order reflecting that ruling. On November 26, 1980, the trial judge signed a formal order overruling the plea of privilege, and Goff perfected his appeal the next day, November 27. If time is counted from the date of the letter rather than the date the judge signed the formal order, more than twenty days elapsed.