American Paper Stock Co. v. Howard, B--5361
| Court | Supreme Court of Texas |
| Writing for the Court | PER CURIAM |
| Citation | 528 S.W.2d 576 |
| Parties | AMERICAN PAPER STOCK COMPANY, Petitioner, v. L. M. HOWARD, Respondent. |
| Docket Number | No. B--5361,B--5361 |
| Decision Date | 15 October 1975 |
Page 576
v.
L. M. HOWARD, Respondent.
Rehearing Denied Nov. 5, 1975.
Brown, Crowley, Simon & Peebles, M. Hendricks Brown, Fort Worth, for petitioner.
Herrick & Ward, Richard E. Ward, Fort Worth, for respondent.
PER CURIAM.
This is a personal injury action arising from a vehicle collision. Trial was before a jury, which found all special issues favorably to plaintiff L. M. Howard. The trial court granted defendant American Paper Stock Company's motion for judgment Non obstante veredicto and entered judgment that plaintiff take nothing. The court of civil appeals reversed and rendered judgment for plaintiff. 523 S.W.2d 744.
The jury verdict, finding damages totaling $109,072.06, was returned on July 24, 1974. The defendant's motion for judgment N.o.v. was granted, and the trial court's judgment for the defendant was rendered on September 12, 1974. The judgment of the court of civil appeals was for $109,072.06 with interest thereon of six percent
Page 577
per annum from July 24, 1974, the date of the verdict. The court of civil appeals erred in awarding interest from the date of the verdict in that such action is contrary to Rule 434, Texas Rules of Civil Procedure. The judgment which the trial court should have rendered in this case is for $109,072.06 with interest at six percent per annum from September 12, 1974, the date of the trial court's judgment.Rule 434, Texas Rules of Civil Procedure, provides:
'When the judgment or decree of the court below shall be reversed, the court shall proceed to render such judgment or decree as the court below should have rendered . . ..'
Rule 434 does not conflict with Article 5069--1.05, Texas Revised Civil Statutes Annotated. That article provides:
'All judgments of the courts of this State shall bear interest at the rate of six percent per annum from and after the date of the judgment . . ..'
The 'judgment' here referred to is the judgment of the trial court; since in this case the trial court's judgment was erroneous, the judgment of the court of civil appeals must take its place and plaintiff is entitled to interest from the date of the erroneous judgment. See D. C. Hall Transport, Inc. v. Hard, 355 S.W.2d 257 (Tex.Civ.App.--Fort Worth), Writ ref'd n.r.e. per curiam, 163 Tex. 504, 358 S.W.2d 117 (1962).
We have considered all other points of error urged by petitioner and find no merit...
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Bodin v. Vagshenian, No. 05-50707.
...the scope of his employment." Howard v. Am. Paper Stock Co., 523 S.W.2d 744, 747 (Tex.Civ.App.—Fort Worth 1975), reformed and aff'd, 528 S.W.2d 576 (Tex. 1975). However, "when the servant turns aside, for however short a time, from the prosecution of the master's work to engage in an affair......
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Hunsucker v. Omega Industries, No. 05-82-00426-CV
...Antonio 1976); Howard v. American Paper Stock Co., 523 S.W.2d 744 (Tex.Civ.App.--Fort Worth 1975, reformed and affirmed, 528 S.W.2d 576); Creekmore v. Horton & Horton, Inc., 487 S.W.2d 148 (Tex.Civ.App.--Houston [14th Dist.] 1972, writ ref'd n.r.e.); Czikora v. Hutcheson, 443 S.W.2d 871 (Te......
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Arbelaez v. Just Brakes Corp., No. 03-03-00587-CV.
...the scope of employment." Howard v. American Paper Stock Co., 523 S.W.2d 744, 747 (Tex.Civ.App.-Fort Worth 1975), reformed and aff'd, 528 S.W.2d 576 (Tex.1975); accord Best Steel Buildings, Inc. v. Hardin, 553 S.W.2d 122, 128 (Tex.Civ.App.-Tyler 1977, writ ref'd n.r.e.); Dictaphone Corp. v.......
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Phillips v. Bramlett, 12–0257.
...postjudgment interest from the date of the jury verdict instead of the date of the trial court's or appellate court's judgment. 528 S.W.2d 576, 576–77 (Tex.1975) (per curiam). We reformed the court of appeals' judgment, holding that the “judgment” that the statute refers to “is the judgment......
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Bodin v. Vagshenian, 05-50707.
...the scope of his employment." Howard v. Am. Paper Stock Co., 523 S.W.2d 744, 747 (Tex.Civ.App.—Fort Worth 1975), reformed and aff'd, 528 S.W.2d 576 (Tex. 1975). However, "when the servant turns aside, for however short a time, from the prosecution of the master's work to engage in an affair......
-
Hunsucker v. Omega Industries, 05-82-00426-CV
...Antonio 1976); Howard v. American Paper Stock Co., 523 S.W.2d 744 (Tex.Civ.App.--Fort Worth 1975, reformed and affirmed, 528 S.W.2d 576); Creekmore v. Horton & Horton, Inc., 487 S.W.2d 148 (Tex.Civ.App.--Houston [14th Dist.] 1972, writ ref'd n.r.e.); Czikora v. Hutcheson, 443 S.W.2d 871 (Te......
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Arbelaez v. Just Brakes Corp., 03-03-00587-CV.
...scope of employment." Howard v. American Paper Stock Co., 523 S.W.2d 744, 747 (Tex.Civ.App.-Fort Worth 1975), reformed and aff'd, 528 S.W.2d 576 (Tex.1975); accord Best Steel Buildings, Inc. v. Hardin, 553 S.W.2d 122, 128 (Tex.Civ.App.-Tyler 1977, writ ref'd n.r.e.); Dictaphone Corp. v. Tor......
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Phillips v. Bramlett
...postjudgment interest from the date of the jury verdict instead of the date of the trial court's or appellate court's judgment. 528 S.W.2d 576, 576–77 (Tex.1975) (per curiam). We reformed the court of appeals' judgment, holding that the “judgment” that the statute refers to “is the judgment......