Henry v. Cullum Cos – Case Brief Summary (Texas)

In Henry v. Cullum Cos., 891 S.W.2d 789, 792 (Tex.App.--Amarillo 1995, writ denied), the Court had no reporter's record of the hearing in question and were left only with a docket entry and recitations in a later-signed judgment when called on to determine whether the trial court orally rendered partial summary judgment on Henry's DTPA claims before she amended her petition to exclude those claims and before the trial court severed those claims from the remaining claims. Id. at 792-93.

Recognizing that a docket entry that summary judgment was granted generally was insufficient to serve as rendition, the Court nevertheless concluded that the docket notation and the recitations in the judgment were sufficient there to support the finding that the trial court orally rendered judgment despite the absence of the record of the hearing. Id.