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Rule 657. Judgment Final for Garnishment (1981)
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 it is signed, unless a supersedeas bond shall have been approved and filed in accordance with Rule 364.
Amended by order of June 10, 1980, eff. Jan. 1, 1981: Changed so that finality is at time the judgment is “signed.”
| Prior Amendments | Future Amendments |
|---|---|
| Oct. 29, 1940, eff. Sept. 1, 1941 | 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Question: In case of appeal from an entire judgment for damages can a part of such judgment be superseded by Rule 364, and if such a judgment is not superseded, may it be the basis of garnishment upon judgment as provided for in R. S. Art. 4076 and Rule 657?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).