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Rule 657. Judgment Final for Garnishment

TEXT

In the case mentioned in subdivision 3 of Article 4076 of the Revised Civil Statutes of Texas, 1925, the judgment whether based upon a liquidated demand or an unliquidated demand, shall be deemed final and subsisting for the purpose of garnishment from and after the date of its rendition, unless a supersedeas bond shall have been approved and filed in accordance with Rule 364.

Source: New rule.

Oct. 29, 1940, eff. Sept. 1, 1941.

AMENDMENTS

June 10, 1980, eff. Jan. 1, 1981

July 15, 1987, eff. Jan. 1, 1988. Corrected and clarified by order of Dec. 16, 1987, eff. Jan. 1, 1988

ADVISORY OPINIONS

Question: In case of appeal from an entire judgment for damages can a part of such judgment be superseded by Rule 364, and if such a judgment is not superseded, may it be the basis of garnishment upon judgment as provided for in R. S. Art. 4076 and Rule 657?

Answer: Rule 364, Subd. a, requires the bond to be in the amount of the judgment and contains no exception that would allow supersedeas of a part of an entire judgment for damages where appeal is taken from such judgment.

Rule 657 expressly makes such a judgment "final and subsisting for the purpose of garnishment from and after its date of rendition, unless a supersedeas bond shall have been approved and filed."

5 Tex. B.J. 53 (1942) reprinted in 8 Tex. B.J. 7 (1945).