Frankfurt v. Grayson
Decision Date | 01 February 1934 |
Docket Number | No. 1556.,1556. |
Parties | FRANKFURT v. GRAYSON. |
Court | Texas Court of Appeals |
Appeal from Freestone County Court; A. H. Benbrook, Judge.
Proceeding between B. Frankfurt and M. Z. Grayson. From an adverse judgment, B. Frankfurt appeals.
Appeal dismissed.
J. J. Fagan, of Dallas, for appellant.
Geppert, Geppert & Victery, of Teague, for appellee.
We find in the transcript of this case a purported judgment overruling a plea of privilege, which judgment purports to have been rendered on September 22, 1933, the last day of that term of court. The appellee, in a motion filed to strike the statement of facts, and the appellant in his reply thereto, concede that the purported judgment found in the transcript was not entered during the term of court at which the case was tried. The clerk certifies that said judgment was actually filed and entered in the minutes on November 27, 1933, which was after the court had adjourned. There is nothing in the record to show that the trial court authorized the entry of judgment nunc pro tunc after adjournment of the term.
The general and well-established rule is that, in order to be appealable, a judgment or order must not only be pronounced by the court—that is, rendered—but it must be entered upon the minutes. 3 Tex. Jur. 103; Great Plains Oil & Gas Co. v. Cox (Tex. Civ. App.) 2 S.W.(2d) 567; Shields v. Amicable Life Ins. Co. (Tex. Civ. App.) 287 S. W. 293. In fact, there is no way for the appellate court to determine what judgment was actually rendered by the trial court until such judgment has been entered in the minutes.
It is likewise well settled that the entry of a judgment upon the minutes of the court after adjournment of the term without an order of the court authorizing the entry of said judgment nunc pro tunc is a nullity, and that such purported judgment constitutes no part of the record on appeal. In the case of Hubbart v. Willis State Bank (Tex. Civ. App.) 119 S. W. 711, 713, it is said: ...
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Cleburne Nat. Bank v. Bowers
...and until such order is entered the appeal cannot be properly presented to the appellate court. 3 Tex.Jur. 103, § 51; Frankfurt v. Grayson, Tex.Civ. App., 68 S.W.2d 533, and authorities there cited. Consequently, we have the rule that in such cases the time to appeal begins to run from the ......
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Murphy v. Boyt
...the term had adjourned, it was entered without authority, and no appeal could be prosecuted therefrom. 3 Tex.Jur. 103; Frankfurt v. Grayson, Tex.Civ.App., 68 S.W.2d 533; Cleburne National Bank v. Bowers, Tex.Civ.App., 113 S.W.2d 578. Consequently, the Court of Civil Appeals properly dismiss......
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Coast v. Coast
...There could be no appeal from the judgment until it was entered. Brinkley v. State, Tex.Civ.App., 49 S.W.2d 516; Frankfurt v. Grayson, Tex. Civ.App., 68 S.W.2d 533. One, although seeking and obtaining a void judgment purporting to affix marital status, may appeal therefrom. As to the second......
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Brown v. Vander Stucken, 14702
...Zapp, 105 Tex . 491, 151 S.W. 1040 (1912); Dunn v. Cravens, Dargan & Co., 97 S.W.2d 242 (Tex.Civ.App.--El Paso 1936, no writ); Frankfurt v. Grayson, 68 S.W.2d 533 (Tex.Civ.App.--Waco 1934, no writ); Hubbart v. Willis State Bank, 119 S.W. 711 (Tex.Civ.App.--Houston 1909, writ ref'd). All of ......