Shadowbrook Apartments Et Al. v. Wajih Abu-Ahmad & Agatha Abu-Ahmad - Supreme Court of Texas

Shadowbrook Apartments Et Al. v. Wajih Abu-Ahmad & Agatha Abu-Ahmad

By Supreme Court of Texas

  • Release Date: 1990-01-31
  • Genre: Law
Shadowbrook Apartments Et Al. v. Wajih Abu-Ahmad & Agatha Abu-Ahmad book review score

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Shadowbrook Apartments Et Al. v. Wajih Abu-Ahmad & Agatha Abu-Ahmad Supreme Court of Texas Book Review Score: ★★★★★ 5/5 stars

Respondents Wajih Abu-Ahmad and Agatha Abu-Ahmad filed suit against Elcor Property Corporation, Shadowbrook Apartments, Pace Realty, Inc., and State Federal Savings and Loan Association of Lubbock. On August 10, 1988, the Abu-Ahmads filed a motion for non-suit as to Elcor Property Corporation. The next day the trial court signed an order, prepared and submitted by the Abu-Ahmads counsel, purporting to dismiss the entire suit, not just the action against Elcor. The Abu-Ahmads did not file a motion for new trial, appeal bond or take any other action within 30 days after the dismissal order was signed. On November 17, 1988, more than 90 days after the signing of the order of dismissal, the Abu-Ahmads filed a motion for judgment nunc pro tunc, asking the trial court to amend its August 11, 1988, order to dismiss only Elcor. The trial court denied this motion, stating it no longer had jurisdiction, and that the corrections sought involved a judicial error, not a clerical one.

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