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In re Fuselier – Case Brief Summary (Texas)

In In re Fuselier, 56 S.W.3d 265, 268 (Tex. App.--Houston 1st Dist. 2001, orig. proceeding), the court signed an order dismissing a non-suited case "with prejudice." 56 S.W.3d at 266.

The order was signed as "approved" by counsel for the movant. Id. at 267.

When the same plaintiff subsequently filed a second suit on the same issue, her new counsel discovered the dismissal with prejudice and sought entry of an order nunc pro tunc, contending the original order was mistakenly submitted by the plaintiff's former attorney. Id.

The trial court signed the order, but the appeals court vacated it on the ground that the original order correctly reflected the judgment actually rendered. Id. at 267--68.