Campbell v. Campbell, 12550
Citation | 550 S.W.2d 164 |
Decision Date | 20 April 1977 |
Docket Number | No. 12550,12550 |
Parties | William Bruner CAMPBELL, Appellant, v. Laura Fenner Williams CAMPBELL, Appellee. |
Court | Court of Appeals of Texas. Court of Civil Appeals of Texas |
Robert J. Hearon, Jr., Graves, Dougherty, Hearon, Moody & Garwood, Austin, for appellant.
Roy Q. Minton, John L. Foster, Minton, Burton & Fitzgerald, Inc., Austin, for appellee.
This is an appeal from a judgment entered in a divorce suit. A threshold question concerns the finality of the judgment. We have concluded that the judgment is not final, and, as a result, we will dismiss the appeal.
In January, 1975, appellee, Laura Fenner Williams Campbell, filed suit for divorce against appellant, William Bruner Campbell, in the district court of Travis County. The parties were married in 1965 and they have two children. In March, 1975, the district court appointed appellee temporary managing conservator of the children and appointed appellant temporary possessory conservator of the children. In September, 1975, appellant, in violation of the court's order, removed the children from Travis County and concealed their location. In October, 1975, the district court entered judgment finding appellant to be in contempt and assessing punishment.
In June, 1976, the case came on for trial. At trial time the location of appellant and the children was still unknown to the court, to appellee, and to counsel for the parties. Appellant's counsel filed a motion for continuance based upon counsel's inability to represent his client in his client's absence. The district court overruled the motion.
After trial to the court, judgment was entered dissolving the marriage and awarding to appellee all of the community property and about one-half of appellant's separate property. By the terms of the judgment appellee was appointed managing conservator of the children. The judgment provided that appellant would have no rights with respect to the children ". . . pending further order of this Court . . ." and that no support payments for the children were to be ordered ". . . at the present time, subject to review by this Court at such time as the Respondent brings himself personally before this Court."
In connection with an interest in certain notes receivable awarded appellant, the judgment provided as follows:
To be final a judgment must determine the rights of the parties and dispose of all issues involved so that no future action by the court will be necessary in order to settle and determine the entire...
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...order rendered during a lawsuit which does not dispose of all issues regarding all parties is, of necessity, interlocutory. Campbell v. Campbell, 550 S.W.2d 164, 166 (Tex.Civ.App.--Austin 1977, no writ). Furthermore, when the terms of a final judgment conflict with those of an interlocutory......
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...are not accorded the presumption of finality. Zellers v. Barthel, 727 S.W.2d 364, 365 (Tex.App.--Fort Worth 1987, no writ); Campbell v. Campbell, 550 S.W.2d 164, 166 (Tex.Civ.App.--Austin 1977, no writ); Stone v. Stone, 531 S.W.2d 850 (Tex.Civ.App.--Dallas 1975, no writ). See also Kelley v.......
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