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Tullos v. Eaton Corp.

Supreme Court of Texas
Jul 17, 1985
695 S.W.2d 568 (Tex. 1985)

Summary

stating that lack of appellate jurisdiction is fundamental and can be raised at any time during the appeal

Summary of this case from Res. Health Serv. v. Acucare

Opinion

No. C-4124.

July 17, 1985.

Appeal from the 217th District Court, Angelina County, David Wilson, J.

George Chandler, Lufkin, Tullis Jensen, Paul F. Jensen, Houston, for petitioner.

Evans Kitchens, Joe Scott Evans and Hoagie L. Karels, Groveton, Zeleskey, Cornelius, Rogers, Hallmark Borgfeld, Ralph M. Zeleskey, Lufkin, for respondents.


This is an attempted appeal from an order sustaining a plea of privilege. The order was signed after September 1, 1983. The court of appeals reversed the judgment of the trial court. 688 S.W.2d 668 (Tex.App. 1985). In a motion for rehearing, a jurisdictional point of error was raised for the first time.

The question of jurisdiction is fundamental and can be raised at any time. Cox v. Johnson, 638 S.W.2d 867, 868 (Tex. 1982). The court of appeals has erred in assuming jurisdiction over the present matter because an order on a plea of privilege which is taken and perfected after September 1, 1983, is not a final, appealable judgment. Tex.Rev.Civ.Stat.Ann. art. 1995, § 4 (Vernon Supp. 1985). This court has jurisdiction to vacate the judgment of the court of appeals when it erroneously exercises its jurisdiction. Baker v. Hansen, 679 S.W.2d 480 (Tex. 1984); McCauley v. Consolidated Underwriters, 157 Tex. 475, 304 S.W.2d 265 (1957).

Pursuant to Tex.R.Civ.P. 483, we grant the application for writ of error, and without hearing oral argument, reverse the judgment of the court of appeals and dismiss the appeal.


Summaries of

Tullos v. Eaton Corp.

Supreme Court of Texas
Jul 17, 1985
695 S.W.2d 568 (Tex. 1985)

stating that lack of appellate jurisdiction is fundamental and can be raised at any time during the appeal

Summary of this case from Res. Health Serv. v. Acucare

stating that question of "jurisdiction" is fundamental and can be raised at any time in case that involved a lack of appellate jurisdiction rather than a failure to serve a party with process

Summary of this case from Skadden v. Alfonso
Case details for

Tullos v. Eaton Corp.

Case Details

Full title:Jimmy TULLOS, Petitioner, v. EATON CORPORATION, et al, Respondents

Court:Supreme Court of Texas

Date published: Jul 17, 1985

Citations

695 S.W.2d 568 (Tex. 1985)

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