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Rule 369. Trial Court Docket of Appealed Cases


In every case removed by appeal or writ of error to a Court of Civil Appeals, the clerk of the trial court shall, in making up the docket at each succeeding term, keep the said cause in its proper place on the docket for disposition after the appeal has been decided; and immediately upon return of the mandate from the appellate court shall, if the judgment has been affirmed or reversed and rendered, remove the case from the docket and proceed to issue process to enforce the judgment as in other cases; but if the judgment has been reversed and remanded he shall continue the cause on the docket with its original file number for trial.

Source: Art. 2284 and Art. 2285 and Texas Rule 83 (for District and County Courts).

Change: The statutes and rule have been combined and harmonized with other rules as changed. Minor textual changes were sufficient.

For context only: Art. 2277. If Party Dies. In cases of the death of any party entitled to an appeal or writ of error, the same may be taken by his executor, administrator or heir.

For context only: Art. 1850. Death Does Not Abate. If any party to the record in a cause pending in a Court of Civil Appeals shall die after the appeal bond is filed and approved or after the wit of error has been served, and before the cause has been decided, such cause shall not abate, but the court shall proceed to adjudicate the case and render judgment therein as if all parties thereto were still living. Such judgment shall have the same force and effect as if rendered in the lifetime of all the parties thereto.

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

Repealed by order of April 10, 1986, eff. Sept. 1, 1986.