From Casetext: Smarter Legal Research

Bryant v. Barnes

Court of Civil Appeals of Texas, Waco
Aug 12, 1968
433 S.W.2d 786 (Tex. Civ. App. 1968)

Opinion

No. 4741.

July 30, 1968. Rehearing Denied August 12, 1968.

Appeal from the 54th District Court, McLennan County, Vic Hall, J.

E. H. O'Dowd, Waco, for intervenors.

V. H. McClintock, Waco, for Mayor Bryant.

Bryan, Wilson, Olson Stem, Waco, for H. F. Barnes and others.


OPINION


This is an appeal by intervenors from an order dismissing their plea of intervention. The appeal is dismissed.

Four persons, alleging they are members of the city council of the city of Beverly Hills, filed a petition seeking a declaratory judgment involving construction of Art. 5992, Vernon's Ann.Civ.Stat., and praying for a temporary injunction restraining defendant Mayor from conducting a hearing on charges filed against members of the council.

After the Mayor answered, four persons (alleging they were the petitioners who had filed the petition for removal of the city council members which was the subject matter of the hearing sought to be enjoined) filed the petition in intervention alleging they were class representatives. They prayed dismissal of the action for want of jurisdiction. Their plea in intervention was dismissed on motion.

The order of dismissal is not an appealable judgment; it is an interlocutory order. This court has no jurisdiction of the appeal. Kimmel v. Lytton, Tex.Civ.App., 371 S.W.2d 927, writ ref., and cases cited.

The appeal is dismissed.


Summaries of

Bryant v. Barnes

Court of Civil Appeals of Texas, Waco
Aug 12, 1968
433 S.W.2d 786 (Tex. Civ. App. 1968)
Case details for

Bryant v. Barnes

Case Details

Full title:R. A. (Bob) BRYANT, Mayor City of Beverly Hills, Texas, et al.…

Court:Court of Civil Appeals of Texas, Waco

Date published: Aug 12, 1968

Citations

433 S.W.2d 786 (Tex. Civ. App. 1968)

Citing Cases

LGUE UN LAT AM v. LOVACA GAT

It is settled law that an order dismissing or striking a petition in intervention, or denying permission to…