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Robinson v. Robinson

Court of Civil Appeals of Texas, San Antonio
Jul 29, 1942
164 S.W.2d 35 (Tex. Civ. App. 1942)

Opinion

No. 11196.

July 29, 1942.

Appeal from Thirty-Seventh District Court, Bexar County; Raymond Edwards, Judge.

Action for divorce by Kelly Robinson against Elean Robinson. From an order setting aside a decree of divorce awarded to plaintiff and granting a new trial, plaintiff attempted an appeal.

Appeal dismissed.

Oliver W. Johnson, of San Antonio, for appellant.

Leonard Brown, of San Antonio, for appellee.


This is an attempted appeal from an order granting a motion for new trial under the provisions of Rule 329, Rules of Civil Procedure, formerly Article 2236, Vernon's Ann.Stats.

The original action resulted in appellant's obtaining a decree of divorce from appellee. The order from which the appeal is prosecuted sets aside the former judgment and awards appellee a new trial. It does not determine the cause of action for divorce which was originally asserted by appellant.

The order is interlocutory in nature and consequently the appeal must be dismissed for want of jurisdiction. Lovenstein v. Lovenstein, Tex. Civ. App. 35 S.W.2d 271; Trujillo v. Piarote, 122 Tex. 173, 53 S.W.2d 466.


Summaries of

Robinson v. Robinson

Court of Civil Appeals of Texas, San Antonio
Jul 29, 1942
164 S.W.2d 35 (Tex. Civ. App. 1942)
Case details for

Robinson v. Robinson

Case Details

Full title:ROBINSON v. ROBINSON

Court:Court of Civil Appeals of Texas, San Antonio

Date published: Jul 29, 1942

Citations

164 S.W.2d 35 (Tex. Civ. App. 1942)

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