Adams v. Isbell

6 Citing cases

  1. Texaco, Inc. v. Central Power & Light Co.

    897 S.W.2d 854 (Tex. App. 1995)   Cited 4 times
    In Texaco, Inc. v. Central Power Light Co., 897 S.W.2d 854 (Tex.App. — San Antonio 1995, writ req'd), this court held that the appellant's announcement of "ready" at the beginning of the trial was participation where the appellant chose to remain away from the trial other than to make an agreement with the injured plaintiff.

    Id. at 844. In Adams v. Isbell, 615 S.W.2d 254 (Tex.Civ.App. — Dallas 1981, no writ), appellant's attorney appeared in court and obtained a nonsuit. The attorney left the courtroom and the counterclaim thereafter proceeded to trial.

  2. Texaco v. Cent. Power Light

    955 S.W.2d 373 (Tex. App. 1997)   Cited 12 times
    Holding that error could not have been preserved if the appellant did not participate at trial

    Writ of error appeals are generally taken from default judgments; however, where an actual trial has taken place without the participation of one of several parties, appeal may be made by writ of error. Tramco Enterprises, Inc. v. Independent American Sav. Ass'n, 739 S.W.2d 944, 947 (Tex.App. — Fort Worth 1987, no writ); Adams v. Isbell, 615 S.W.2d 254, 256 (Tex.Civ.App. — Dallas 1981, no writ). In situations such as this, where an actual trial has taken place, the question of preservation of error necessarily arises.

  3. Mays v. Perkins

    927 S.W.2d 222 (Tex. App. 1996)   Cited 16 times
    Holding defendant who appeared after he was dismissed from suit had submitted to jurisdiction of trial court

    rp., 806 S.W.2d 948, 951 n. 2 (Tex.App. — Corpus Christi 1991, writ denied) (filing post-judgment motions); Tramco Enters., Inc. v. Independent American Sav. Ass'n, 739 S.W.2d 944, 947 (Tex.App. — Fort Worth 1987, no writ) (participating in preliminary hearings but being absent from the final trial); First Dallas Petroleum, Inc. v. Hawkins, 727 S.W.2d 640, 643 (Tex.App. — Dallas 1987, no writ) (filing an answer is not "participation"); Schulz v. Schulz, 726 S.W.2d 256, 258 (Tex.App. — Austin 1987, no writ) (making a general appearance in cause by filing a plea to jurisdiction not "participation"); In re Estate of Nation, 694 S.W.2d 588, 588-89 (Tex.App. — Texarkana 1985, no writ) (filing a plea of intervention); In Interest of Van Hersh, 662 S.W.2d 141, 144 (Tex.App. — Amarillo 1983, no writ) (taking part in preliminary trial proceedings); Alejo v. Pellegrin, 616 S.W.2d 331, 332-33 (Tex.Civ.App. — San Antonio 1981, writ dism w.o.j.) (filing pleadings and giving notice of appeal); Adams v. Isbell, 615 S.W.2d 254, 256 (Tex.App. — Dallas 1981, no writ) (nonsuiting affirmative claims and exiting courtroom before trial on counter-claims began). Other cases have held that other activities were sufficient involvement in the trial to preclude review by writ of error: Classic Promotions, Inc. v. Shafer, 846 S.W.2d 948, 949-50 (Tex.App. — Houston [14th Dist.] 1993, no writ) (participation where party responded to motion to strike which adjudicated the party's right); In re Estate of Hillje, 830 S.W.2d 689, 691-92 (Tex.App. — San Antonio 1992, no writ) (participation in hearing on motion to dismiss is "participation in trial"); Norman v. Dallas Cowboys Football Club, Inc., 665 S.W.2d 137, 139 (Tex.App. — Dallas 1983, no writ) (taking part in necessary steps of summary udgment proceedings but not appearing at actual hearing was " participation"); Blankinship v. Blankinship, 572 S.W.2d 807, 808 (Tex.Civ.App. — Houston [14th Dist.] 1978, no writ) (waiving citation to divorce petition, waiving making of statement of facts, signing final judg

  4. Flores v. H.E. Butt Grocery

    802 S.W.2d 53 (Tex. App. 1990)   Cited 16 times
    In Flores v. H.E. Butt Grocery Co., 802 S.W.2d 53 (Tex.App. — Corpus Christi 1990, no writ), appellants filed an original petition and appeared for a docket control conference.

    In Interest of Van Hersch, 662 S.W.2d 141, 144-45 (Tex.App. — Amarillo 1983, no writ). The court of appeals reasoned that appellant's failure to appear at that final hearing prevented her from having sufficient familiarity with the events transpiring therein, preventing a properly prepared regular appeal; thus, she had not "participated" for writ of error purposes. In Adams v. Isbell, 615 S.W.2d 254, 256 (Tex.App. — Dallas 1981, no writ), the plaintiff appeared in court on the day of trial with his counsel and was granted a nonsuit as to his claims. At the same time, the court warned the plaintiff that it would also try the defendant's counterclaim that day, but the plaintiff and his counsel left the court and did not make any appearances prior to final judgment.

  5. Caruso v. Krieger

    698 S.W.2d 760 (Tex. App. 1985)   Cited 16 times
    Reversing default judgment awarding damages when pleadings requested only specific performance

    Like any other direct attack on appeal, a writ of error affords appellant a review of the entire case. Gunn v. Cavanaugh, 391 S.W.2d 723, 728 (Tex. 1965); Adams v. Isbell, 615 S.W.2d 254 (Tex.Civ.App. 1981, no writ). Appellant is not required to excuse her failure to appear at trial nor is she required to show a meritorious defense. Village Square Ltd. v. Barton, 660 S.W.2d 556 (Tex.App. 1983, writ ref'd n.r.e.).

  6. Stubbs v. Stubbs

    654 S.W.2d 838 (Tex. App. 1983)   Cited 7 times

    That court held that these appellants did not participate in the trial and were not barred from bringing a petition for writ of error. In Adams v. Isbell, 615 S.W.2d 254 (Tex.Civ.App. — Dallas 1981, no writ), appellant's attorney appeared on the day of trial and requested a nonsuit. The trial judge granted the request but warned counsel that appellee's counterclaim would go to trial that day.