PHB, INC. v. Goldsmith
Cases that cite this one
15 later published cases cite this decision. The 14 that cite it most often are listed here.
- Omar Cuevas and Elizabeth Cuevas v. Wheat Investments, Inc. (Tex. App. 2011)
- Mirta Zorilla v. the Homeowners of Plazas Del Lago, Inc. (Tex. App. 2011)
- Gilchrist v. Bandera Electric Cooperative, Inc. (Tex. App. 1996)
- MacArangal v. Andrews (Tex. App. 1992)
- Plorin v. Bedrock Foundation & House Leveling Co. (Tex. App. 1988)
- Stephen J. Seavall v. the Cadle Company (Tex. App. 2019)
- Phillips v. Montoya (Ala. Civ. App. 2017)
- Gordon C. Boyce v. John MacKoy (Tex. App. 2007)
- Williams v. National Mortgage Co. (Tex. App. 1995)
- Hanks v. Lake Towne Apartments (Tex. App. 1991)
- Chase Manhattan Bank, N.A. v. Lindsay (Tex. 1990)
- Houston Health Clubs, Inc. v. First Court of Appeals (Tex. 1986)
- Springwoods Shopping Center, Inc. v. University Savings Ass'n (Tex. App. 1980)
- Aguirre v. Moor Park Investment Co. (Tex. App. 1978)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
PHB, Inc. brought a bill of review to set aside a prior judgment in which Mrs. W. T. Goldsmith had been awarded title and possession to certain real estate. Mrs. Goldsmith filed a motion for summary judgment which the trial court granted. The Court of Civil Appeals affirmed. 534 S.W.2d 196.
The trial court’s order of dismissal, dated April 26, 1974, and discussed by the Court of Civil Appeals at 534 S.W.2d 197, did not refer to or mention Mrs. Goldsmith’s counterclaim. Under such circumstances, there is no presumption that the order of dismissal disposed of the issues in the counterclaim. North East Independent School District v. Aldridge, 400 S.W.2d 893 (Tex. 1966); Davis v. McCray Refrigerator Sales Corp., 136 Tex. 296, 150 S.W.2d 377 (1941). It follows that the April 26, 1974 order was interlocutory, rather than final, in nature. The trial court thereby retained jurisdiction of the counterclaim until final judgment was entered on October 18, 1974. The writ of error is refused, no reversible error. Tex.R.Civ.P. 483.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.