Summary
reversing and dismissing appeal as underlying summary judgment was interlocutory
Summary of this case from Wagner Brown v. SheppardOpinion
No. A-10973.
October 6, 1965.
Appeal from the District Court, Potter County, Mary Lou Robinson, J.
Henry Klepak and Roy J. True, Dallas, for petitioners.
Simpson, Adkins, Fullingim Hankins, Amarillo, for respondent.
Petitioners have attempted to appeal from a partial summary judgment without a severance of the other issues between the parties. Since the judgment is interlocutory and not appealable, under our holding in Pan American Petroleum Corporation v. Texas Pacific Coal Oil Company, 159 Tex. 550, 324 S.W.2d 200 (1959), neither this Court nor the Court of Civil Appeals has power to review it. We accordingly reverse the judgment of the Court of Civil Appeals and dismiss the appeal. McCauley v. Consolidated Underwriters, 157 Tex. 475, 304 S.W.2d 265 (1957).