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Long v. Humble Oils&sRefining Co.

Supreme Court of Texas
Jun 17, 1964
380 S.W.2d 554 (Tex. 1964)

Summary

holding that this Court has jurisdiction to review whether the court of appeals had jurisdiction

Summary of this case from Bally Total Fitness Corporation v. Jackson

Opinion


380 S.W.2d 554 (Tex. 1964) H. L. LONG et al., Petitioners, v. HUMBLE OILs&sREFINING CO. et al., Respondents. John BATON et al., Petitioners, v. HUMBLE OILs&sREFINING CO. et al., Respondents. W. O. DAVIS, Jr., et al., Petitioners, v. HUMBLE OILs&sREFINING CO. et al., Respondents. ELBA CORPORATION et al., Petitioners, v. HUMBLE OILs&sREFINING CO. et al., Respondents. BURK ROYALTY CO. et al., Petitioners, v. HUMBLE OILs&sREFINING CO. et al., Respondents. NORTEX OILs&sGAS CORP. et al., Petitioners, v. HUMBLE OILs&sREFINING CO. et al., Respondents. Nos. A-10177 to A-10182. Supreme Court of Texas. June 17, 1964

        Rehearing Denied July 15, 1964.

Page 555

       Gordon Wellborn, Houston, Phenix, Keelings&sWilder, Henderson, Fred Erisman, Longview, Wynne, Jaffes&sTinsley, Lynne, Blanchette, Smiths&sShelton, Robert T. Gowan, Dallas, for petitioners.

       Frank L. Heard, Jr., and Dillard Baker, L. J. Moore, Houston, Jack W. Flock, Tyler, for respondents.

       PER CURIAM.

       The question common to all the above causes is whether or not an appeal lay to the Court of Civil Appeals from an order sustaining a motion for change of venue predicated upon the provisions of Rule 257 of the Texas Rules of Civil Procedure. The Court of Civil Appeals held in Long v. Humble Oil and Refining Co., 377 S.W.2d 844, that the order was interlocutory and non-appealable. By appropriate orders the decision in the Long case was made applicable to the other causes set forth in the caption to this opinion.

       The decision of the Court of Civil Appeals is contrary to that of the Amarillo Court of Civil Appeals in City of Irving v. Luttrell, 351 S.W.2d 941, no writ history (1961).

       We have jurisdiction to determine whether or not the Court of Civil Appeals has jurisdiction of the interlocutory orders from which the appeals were attempted. McCauley v. Consolidated Underwriters, 157 Tex. 475, 304 S.W.2d 265 (1957).

       We hold that it does not. We are in agreement with the decisions of the Court of Civil Appeals in the present causes, Rule 483, Texas Rules of Civil Procedure. The applications for writs of error are refused.

'(a) That there exists in the county where the suit is pending so great a prejudice against him that he cannot obtain a fair and impartial trial.

'(b) That there is a combination against him instigated by influential persons, by reason of which he cannot expect a fair and impartial trial.

'(c) For other sufficient cause to be determined by the court.' (Rule 257)

Summaries of

Long v. Humble Oils&sRefining Co.

Supreme Court of Texas
Jun 17, 1964
380 S.W.2d 554 (Tex. 1964)

holding that this Court has jurisdiction to review whether the court of appeals had jurisdiction

Summary of this case from Bally Total Fitness Corporation v. Jackson

regarding the Supreme Court's jurisdiction to determine whether appellate court had jurisdiction

Summary of this case from University of Texas Medical v. Barrett
Case details for

Long v. Humble Oils&sRefining Co.

Case Details

Full title:H. L. LONG et al., Petitioners, v. HUMBLE OILs&sREFINING CO. et al.…

Court:Supreme Court of Texas

Date published: Jun 17, 1964

Citations

380 S.W.2d 554 (Tex. 1964)

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