Judgments in Texas

An advantage of having a professional registered agent in Texas is that any service of process will be on the registered agent, who should ensure that the appropriate party is notified.  This helps business entities avoid having default judgments taken against them.  If a judgment is taken, it is important for business entities to know whether that judgment is final.  A “final” judgment has important consequences, because Texas law states that generally an appeal can only be made from a final judgment.  Additionally, Texas law states that the date the final judgment or final order disposing of the case is signed begins the deadlines for filing any post-judgment motions and appeals deadlines. Texas law also states that  the period in which the court that signed the judgment still has power of the judgment is also calculated from the date the final judgment or order disposing of the case is signed.

In Texas, the law states that a judgment is final only if it disposes of all parties and all claims in the lawsuit.  If a judgment resolves all claims, it is final even it says that it is not.  In Texas the law states that a judgment issued without a conventional trial is final for the purpose of appeal if and only if either it actually disposes of all parties and all claims then before the court, regardless of its language, or it states with unmistakable clarity that it is a final judgment as to all claims and all parties.  On the other hand, an order does not dispose of all parties and claims simply because it is titled “final.”  In Texas, there is a presumption that a judgment signed following a conventional trial on the merits disposes of all claims and is final.

 

One Response to “Judgments in Texas”

  1. January 16, 2012 at 4:54 am, Joann said:

    Nice to read your blog

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