Chandler v. Reder, 07-81-0104-CV
| Decision Date | 22 June 1982 |
| Docket Number | No. 07-81-0104-CV,07-81-0104-CV |
| Citation | 635 S.W.2d 895 |
| Parties | Richard L. CHANDLER, et ux., Appellants, v. George E. REDER, et ux., Appellees. |
| Court | Texas Court of Appeals |
Richard L. Chandler, Lubbock, pro se and for appellants.
John W. Broadfoot, Amarillo, for appellees.
Before REYNOLDS, C. J., and DODSON and COUNTISS, JJ.
ON MOTION FOR REHEARING
On original submission of this appeal by Richard L. Chandler and wife, Patrick L. Chandler, we accepted the litigants' representation that the Chandlers were appealing from a take-nothing summary judgment rendered in their action to recover monetary damages from George E. Reder and wife, Neolla Reder, for libel. Holding in our 14 April 1982 opinion that, on the record before us, neither the Reders nor the Chandlers were entitled to the respective summary judgment for which each moved in the trial court, we rendered our concurrent judgment of reversal and remand.
However, upon a critical review of the appellate record in considering the Chandlers' motion for rehearing, we now conclude that the trial court has not rendered a final judgment from which an appeal may be taken. We, therefore, withdraw our former opinion, set aside our judgment and, based on the rationale expressed in this opinion, overrule the Chandlers' motion for rehearing and render a judgment of dismissal.
In the action underlying this appeal, docketed as Cause No. 22,072 in the trial court, the Chandlers set forth allegations of libel to their character by the Reders. The Reders answered with a general denial and pleadings of truth and the Chandlers' bad reputation.
Thereafter, the Reders moved for summary judgment on the specific ground "of the applicable statute of limitations." By their motion, the Reders further moved that in the event summary judgment on the entire case was refused, the court grant a partial summary judgment, specifying the controverted and uncontroverted facts and directing such further proceedings as may be required.
In turn, the Chandlers filed their opposition to the Reders' motion for summary judgment and presented their general motion for partial summary judgment on the issue of liability. The Reders neither answered nor otherwise responded to the Chandlers' summary judgment motion.
Hearing the two motions for summary judgment together with other matters, the trial court orally pronounced, insofar as is material to this appeal, the following:
It is the Judgment of this Court in Cause No. 22,072 that ...
Three, the Plaintiffs' (the Chandlers') Motion for Summary Judgment is denied.
And Five, the Defendants' (the Reeders') Motion for Summary Judgment is granted.
The costs are to be taxed-are taxed to the party incurring the same.
Apparent from the oral pronouncement is that the court did not completely "render" judgment in the sense of settling and declaring the decision of the law upon the matters at issue. It is to be remembered that, although a judgment may be rendered orally or in writing, Comet Aluminum Company v. Dibrell, 450 S.W.2d 56, 58 (Tex.1970), the rendition of a judgment "is the judicial act by which the court settles and declares the decision of the law upon the matters at issue," Coleman v. Zapp, 105 Tex. 491, 151 S.W. 1040, 1041 (1912), and that a judgment is not rendered until it has been completely announced. Corder v. Corder, 189 S.W.2d 100, 102 (Tex.Civ.App.-El Paso 1945, writ ref'd).
The lack of rendition of...
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