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Palmer v. D. O. K. K. Benev. and Ins. Ass'n

Supreme Court of Texas
Apr 13, 1960
334 S.W.2d 149 (Tex. 1960)

Opinion


334 S.W.2d 149 (Tex. 1960) Lamar PALMER, Petitioner, v. D. O. K. K. BENEVOLENT and INSURANCE ASSOCIATION, Respondent. No. A-7652. Supreme Court of Texas. April 13, 1960

[160 Tex. 514] Lamar Palmer, petitioner, pro se Houston.

Smith & Lehmann, Houston, for respondent.

PER CURIAM.

This is a proceeding by bill of review to set aside a default judgment on the ground of fraud. The District Court limited the trial to a determination of whether the default judgment should be set aside, and at the conclusion of such trial entered an order setting the prior judgment aside and enjoining execution thereon. The amount of indebtedness, if any, actually owing by respondent was expressly reserved for determination in a later separarte trial of that issue. See Rule 174(b), Texas Rules of Civil Procedure. Petitioner attempted to appeal from such order, and the Court of Civil Appeals affirmed. 329 S.W.2d 916.

The order entered by the trial court in this proceeding is not a final judgment, and neither the Court of Civil Appeals nor this Court has any power to review the same. McCauley v. Consolidated Underwriters, Tex., 304 S.W.2d 265; Lynn v. Hanna, 116 Tex. 652, 296 S.W. 280. Under the provisions of Rule 483, Texas Rules of Civil Procedure, the judgment of the Court of Civil Appeals is reversed and the appeal from the District Court is dismissed.


Summaries of

Palmer v. D. O. K. K. Benev. and Ins. Ass'n

Supreme Court of Texas
Apr 13, 1960
334 S.W.2d 149 (Tex. 1960)
Case details for

Palmer v. D. O. K. K. Benev. and Ins. Ass'n

Case Details

Full title:Lamar PALMER, Petitioner, v. D. O. K. K. BENEVOLENT and INSURANCE…

Court:Supreme Court of Texas

Date published: Apr 13, 1960

Citations

334 S.W.2d 149 (Tex. 1960)

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