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Rule 657. Judgment Final for Garnishment (1988)

TEXT

In the case mentioned in subsection 3, Section 63.001, Civil Practice and Remedies Code, 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 Texas Rule of Appellate Procedure 47.

Amended by order of July 15, 1987, eff. Jan. 1, 1988. Corrected and clarified by order of Dec. 16, 1987, eff. Jan. 1, 1988: In the July 15, 1987 Order, reference to Appellate Rule 47 should be to Texas Rule of Appellate Procedure 47.

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Question: In case of appeal from an entire judgment for damages can a part of such judgment be superseded by Rule 364, and if such a judgment is not superseded, may it be the basis of garnishment upon judgment as provided for in R. S. Art. 4076 and Rule 657?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