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eBook details

• Title: Newsom v. Ballinger Independent School Dist.
• Author : Supreme Court Of Utah
• Release Date : January 28, 2006
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

Appellant Kevin Newsom appeals the district courts summary judgment in favor of appellee Ballinger Independent School District ("Ballinger"). The district court rendered two identical summary judgments in 2005--one in April and one in August--disposing of all claims and parties. The Texas Department of Insurance, Division of Workers Compensation (the "Division") contends that the second summary judgment is void because it was signed after the district courts plenary power had expired. All parties agree that the first summary judgment is void because of Ballingers failure to comply with a statutory mandate to send the proposed judgment to the Division before its entry. Tex. Lab. Code Ann. § 410.258(a), (f) (West 2006). However, the first judgment was not directly attacked at the district court and was not set aside as void. The parties disagree as to the effect the void summary judgment had on the plenary power of the district court and whether or not this Court acquired jurisdiction after Newsom perfected his appeal of the first summary judgment. Because we hold that the district courts plenary power expired before it signed the second summary judgment, we set it aside as void and dismiss the corresponding appeal. We also hold that this Court has jurisdiction over Newsoms appeal of the first summary judgment. Accordingly, we set aside the first summary judgment as void and dismiss Newsoms appeal.

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