Vanscot Concrete Company v. Wallace Bailey

Per Curiam This case presents the question of whether a corporation which has ceased to exist under law may appeal a trial court's judgment against that corporation. The court of appeals dismissed the appeal on the grounds that a nonexisting appellant cannot appeal. 843 S.W.2d 193. We reverse and remand to the court of appeals for consideration of the appeal. On July 2, 1986, Vanscot Concrete Company was merged into Tarmac Texas, Inc. The articles of merger were properly filed with the secretary of state's office. Three months later, Wallace Bailey, Jr. was injured when contaminated concrete, being poured to form a foundation, splashed on his leg and burned it. The concrete had been delivered by a truck bearing the name "Express Pennington." It is undisputed that prior to the merger, Vanscot was doing business as "Express Pennington" and had filed assumed name certificates with the county clerk. It is also undisputed that after the merger, the new company, Tarmac Texas, acquired the name "Express Pennington", but did not update the county clerk's assumed name certificate record as is required by TEX. BUS. AND COMM. CODE § 36.12 (Vernon 1987).