Douglas R. Modisette v. Doc's Painting, Inc. ( 2002 )


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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    Do Not Publish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    Do Not Publish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