Lane Bank Equipment Co., Petitioner

Smith Southern Equipment, Inc., Respondent

Justice Enoch, joined by Justice Owen, concurring.

I agree with Justice Hecht's conclusions except to the extent he would permit a postjudgment motion that requests relief that could be included in the judgment to extend the trial court's plenary jurisdiction and the time for perfecting an appeal. The time-focus of Rule 329b⁽¹⁾ is predicated on a motion assailing the judgment. Consequently, the postjudgment motion must target the judgment in order to extend the court's plenary jurisdiction under Rule 329b.

Rule 329b(g) refers to a "motion to modify, correct, or reform a judgment."⁽²⁾ At a minimum, the motion must alert the court to the fact that the movant wants the judgment changed -- whether

because of the nature of the relief requested or by an explicit request that the judgment be changed. A request for relief that could, but need not, be included in a final judgment is not sufficient.

In any event, I agree with Justice Hecht that a timely-filed postjudgment motion that seeks a change in an existing judgment, whether or not the change sought is material or substantial, qualifies as a Rule 329b(g) motion to modify. Because the Court holds that the change must be substantial, I can only concur in the judgment.

__________________________

Craig T. Enoch

Justice

Opinion delivered: January 6, 2000

1. See Tex. R. Civ. P. 329b(g).

2. Id.