Old Republic Insurance Company v. Lola Scott

TX.40164; 846 S.W.2d 832, 36 Tex. Sup. J. 533 (1993)

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Descrizione dell’editore

Per Curiam Our prior opinion is withdrawn and the following substituted therefor. Our judgment remains unchanged. This is a worker's compensation case in which a default judgment was granted against Old Republic on February 1, 1990.1
Old Republic filed a motion to set aside and motion for new trial on March 1. The default judgment was first modified on April
16, by order granting Old Republic's motion for new trial in part, setting aside the damages finding, and granting a hearing
on Scott's damages. A second order, on May 4, included language which provided "for the denial of the Motion for New Trial
without providing for a new trial on the issue of damages."; however, it failed to state clearly whether the prior judgment
was reinstated. On May 14, a third order finally removed all ambiguity and stated that the court's "ruling that a hearing
be held on damages is hereby rescinded and withdrawn and that Defendant's Motion to Set Aside Default Judgment or in the Alternative,
Motion for New Trial be and it is in all things overruled (emphasis added)."2 On June 8, Old Republic filed a second motion
for new trial, which the trial court purported to strike by order dated July 17.

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