Pinnacle Park, Inc. v. Texas Racing Commission and Dudley D. McCalla, in his Official Capacity as Hearing Examiner of the Commission--Appeal from 353rd District Court of Travis County

State: Texas

Court: Texas Northern District Court

Docket No: 03-92-00578-CV

Case Date: 11/17/1993

Plaintiff: David Wayne McCall

Defendant: The State of Texas--Appeal from Criminal District Court No. 3 of Dallas County

Preview:Lola Padgett and Michael Dunn v. City of Madisonville,
Texas--Appeal from 278th District Court of Madison
County
MAJORITY | MAJORITY
Lola Padgett etal v. City of Madisonville TX /**/
IN THE
TENTH COURT OF APPEALS
No. 10-02-199-CV
LOLA PADGETT AND MICHAEL DUNN,
Appellants
v.
CITY OF MADISONVILLE, TEXAS,
Appellee
From the 278th District Court
Madison County, Texas
Trial Court # 01-95910278-10
CONCURRING OPINION
I agree with the result but would sever the claims being remanded for further consideration from those being affirmed.
See Aero Energy, Inc. v. Circle C Drilling Co., 699 S.W.2d 821, 823 (Tex. 1985); Hofer v. Lavender, 679 S.W.2d 470,
471 (Tex. 1984). The desirability of a severance appears to stem from the requirement that there be one final judgment
in a case. Tex. R. Civ. P. 301; see Hamilton v. Prescott, 73 Tex. 565, 11 S.W. 548, 549 (1889). Authority to sever may
be found in Rules of Appellate Procedure 43.6 and 44.1(b). Tex. R. App. P. 43.6, 44.1(b); see also Washington v.
Reliable Life Ins. Co., 581 S.W.2d 153, 161 (Tex. 1979) (citing former rule of civil procedure 503 which used
language similar to current Rule 44.1(b)).
We have been inconsistent in our opinions about severance when an error affects only part of a judgment. Compare
Ash v. Hack Branch Dist. Co., 54 S.W.3d 401, 419 (Tex. App. Waco 2001, pet. denied) (severance), with Cozby v.
City of Waco, 110 S.W.3d 32, 41 (Tex. App. Waco 2002, no pet.) (no severance). But that is no reason not to sever
claims that are being remanded from those on which the judgment is affirmed so as to make the latter unquestionably
final.
file:///C|/Users/Peter/Desktop/opinions/PDFs1/6437.html[8/20/2013 7:20:58 PM]

BILL VANCE
Justice
Concurring opinion delivered and filed February 11, 2004
file:///C|/Users/Peter/Desktop/opinions/PDFs1/6437.html[8/20/2013 7:20:58 PM]

Download 6437.pdf