Waldo v. Davis

Court of Appeals of Texas

Waldo v. Davis

492 S.W.2d 598, 1973 Tex. App. LEXIS 2089

CourtCourt of Appeals of Texas

DecidedMarch 21, 1973

DocketNo. 6317

StatusPublished

This text of 492 S.W.2d 598 (Waldo v. Davis) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Waldo v. Davis, 492 S.W.2d 598, 1973 Tex. App. LEXIS 2089 (Tex. Ct. App. 1973).

Pincite

Opinion

OPINION

PRESLAR, Justice.

This is an appeal from an order granting a new trial on an application for a Bill of Review. We are of the opinion that the order sought to be appealed from is interlocutory and that the appeal should be dismissed.

In the Bill of Review proceeding, the trial Court set aside its prior Summary Judgment and granted a new trial for the cause to be tried on its merits. No determination of the merits of the case was made as that was reserved for a later separate trial. This the Court could do in exercise of the discretion granted it by Rule 174(b), Texas Rules of Civil Procedure, and under such circumstances the order entered by the trial Court is not a final judgment and this Court is without power to review it. Palmer v. D. O. K. K. Benevolent and Insurance Association, 160 Tex. 513, 334 S.W.2d 149 (1960); Warren v. Walter, 414 S.W.2d 423 (Tex.Sup.1967).

The appeal is dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION

PRESLAR, Justice.

This is an appeal from an order granting a new trial on an application for a Bill of Review. We are of the opinion that the order sought to be appealed from is interlocutory and that the appeal should be dismissed.

In the Bill of Review proceeding, the trial Court set aside its prior Summary Judgment and granted a new trial for the cause to be tried on its merits. No determination of the merits of the case was made as that was reserved for a later separate trial. This the Court could do in exercise of the discretion granted it by Rule 174(b), Texas Rules of Civil Procedure, and under such circumstances the order entered by the trial Court is not a final judgment and this Court is without power to review it. Palmer v. D. O. K. K. Benevolent and Insurance Association, 160 Tex. 513, 334 S.W.2d 149 (1960); Warren v. Walter, 414 S.W.2d 423 (Tex.Sup.1967).

The appeal is dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

492 S.W.2d 598, 1973 Tex. App. LEXIS 2089, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waldo-v-davis-texapp-1973.

Opinion

Related

Cite This Page — Counsel Stack