Time Appeal After Correction of a Judgment
In Check v. Mitchell, 758 S.W.2d 755 (Tex. 1988) the trial court entered two orders constituting final judgments and the appellant calculated the appellate timetable from the date of the second order. See id.
The court of appeals dismissed the appeal for want of jurisdiction. See id.
In reversing the intermediate the Texas Supreme Court relied on Texas Rule of Civil Procedure 329b(h), which states:
If a judgment is modified, corrected or reformed in any respect, the time for appeal shall run from the time the modified, corrected or reformed judgment is signed, but if a correction is made pursuant to Rule 316 after expiration of the period of plenary power provided by this rule, no complaint shall be heard on appeal that could have been presented in an appeal from the original judgment. TEX. R. CIV. P. 329b(h).
The Check court held that "any change, whether or not material or substantial, made in a judgment while the trial court retains plenary power, operates to delay the commencement of the appellate timetable until the date of the modified, corrected or reformed judgment is signed." 758 S.W.2d at 755.