McMurrey v. McMurrey
| Decision Date | 29 January 1943 |
| Docket Number | No. 14501.,14501. |
| Citation | 168 S.W.2d 944 |
| Parties | McMURREY et al. v. McMURREY et al. |
| Court | Texas Court of Appeals |
Appeal from District Court, Dallas County; Paine L. Bush, Judge.
Divorce action between Jim McMurrey and others and Loraine McMurrey and others. From an interlocutory order appointing a receiver and issuing a temporary injunction, Jim McMurrey and others appeal.
Appeal dismissed.
Saye & Saye, of Longview, for appellants.
Julian B. Mastin, and Sawnie R. Aldredge, both of Dallas, for appellees.
This is an appeal from an interlocutory order of the trial court, rendered in a divorce suit, appointing a receiver and issuing a temporary injunction. It has properly been made to appear to us that since this appeal was perfected the principal parties to the divorce suit have entered into a written agreement settling their rights with respect to the property in controversy, that the trial court has granted a divorce, and that the judgment of the trial court has disposed of the property in accordance with the written contract of settlement.
The temporary injunction expired by operation of law when the final judgment was entered. No temporary injunction now exists, hence the appeal from the order issuing it has become moot. International Ass'n of Machinists v. Federated Ass'n of Accessory Workers, 133 Tex. 624, 130 S.W.2d 282.
On October 9th, 1942, before the transfer of the appeal to this court, and before the entry of the said final judgment, the Dallas Court of Civil Appeals entered an order staying the receivership pending this appeal.
The written settlement agreement provides that the parties thereby agree upon a full and final settlement of their rights in the property referred to. It further recites that it shall become effective and valid as a full and final settlement of the property rights when the decree of the court is entered. The judgment includes the full text of the settlement agreement, declares it to be fair and equitable, approves and confirms it, and decrees that it be carried out in all details. The only reference to the receivership is as follows: "and it is further ordered, adjudged and decreed that the receiver, Ted A. Hall, herein be ordered to file a final report."
The terms of the judgment, including the order to the receiver to file a final report, especially when considered in the light of the fact that the receivership had been stayed pendente lite by the order of the Dallas...
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