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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Do Not Publish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
Justice
Date Submitted: September 17, 2002
Date Decided: September 18, 2002
Do Not Publish
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.
Document Info
Docket Number: 06-02-00005-CV
Filed Date: 4/16/2002
Precedential Status: Precedential
Modified Date: 9/7/2015