Mueller v. Banks, 3322
| Decision Date | 19 July 1957 |
| Docket Number | No. 3322,3322 |
| Citation | 302 S.W.2d 447 |
| Parties | Beverly G. MUELLER, Appellant, v. C. Stanley BANKS, Independent Executor, Appellee. |
| Court | Texas Court of Appeals |
Robert H. Rice, San Antonio, for appellant.
House, Mercer & House, San Antonio, for appellee.
Beverly G. Mueller attempted to intervene in a de novo trial of an appeal from an order of the probate court in a contest between a temporary administrator and C. Stanley Banks, independent executor of the estate of Henry Mueller, deceased. On the motion of the independant executor the trial court dismissed the plea in intervention, from which order Beverly G. Mueller has attempted to appeal.
The order sustaining the appellee's motion to overrule appellant's application to intervene was entered on the fourth day of October, 1956. Appellant executed an appeal bond on the tenth day of October, 1956. The final judgment was entered on the fifteenth day of November, 1956. It, therefore, appears that appellant attempted to perfect an appeal from an order denying him permission to intervene prior to the entry of a final judgment in the main suit. The law is well settled in Texas that such an attempted appeal will not be permitted. Our Supreme Court in Stewart v. State, 42 Tex. 242, laid down the following rule:
'We know of no authority that authorizes an intervenor to bring up the case himself on appeal before the final determination of the case as between the original parties.'
The following statement is found in 3 Tex.Jur. 136, section 71:
This court made the same holding in the case of Polk County v. Thurman, Tex.Civ.App., 285 S.W.2d 487 (Writ Ref.).
We hold that no appeal is permitted from the order striking the plea of intervention and that this appeal should be dismissed for want of jurisdiction.
Appeal dismissed.
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Mueller v. Banks
...a question of our appellate jurisdiction, which requires determination, though not raised by the points of either party. Mueller v. Banks Tex.Civ.App., 302 S.W.2d 447, error refused; Latshaw v. Barnes, Tex.Civ.App., 170 S.W.2d 531; Banks v. Blake, Tex.Civ.Spp., 171 S.W. 514, error refused; ......
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Southwestern Bell Tel. Co. v. Public Utility Commission of Texas, 13466
...appeal, an order granting intervention is a fortiori not reviewable by interlocutory appeal. See Mueller v. Banks, 302 S.W.2d 447 (Tex.Civ.App. Eastland 1957, writ ref'd). Since no final order has been entered by the trial court, we have no jurisdiction to consider this issue at this time. ......