Schieffer v. Patterson
Decision Date | 16 October 1968 |
Docket Number | No. B--1089,B--1089 |
Citation | 433 S.W.2d 418 |
Parties | Larry R. SCHIEFFER, Petitioner, v. Joy C. PATTERSON et vir, Respondent. |
Court | Texas Supreme Court |
Brown, Erwin, Maroney & Barber, Will G. Barber, Austin, for petitioner.
Byrd, Davis, Eisenberg & Clark, L. Tonnett Byrd, Tom H. Davis and Don L. Davis, Austin, for respondent.
Petitioner moved that a default judgment against him in this damage suit be set aside and that he be granted a new trial. The trial court overruled the motion except insofar as the motion One month later the trial court, on petitioner's motion, ordered the damage issue severed from the issue of liability. The Court of Civil Appeals dismissed petitioner's appeal from the trial court's first order overruling his motion for a new trial on all the issues because of lack of jurisdiction. 430 S.W.2d 290. The Court of Civil Appeals reasoned that appeals lie only from final judgments and that despite the severance order the case presented only one cause of action which could result in only one final judgment.
The decision of the Court of Civil Appeals conflicts with the opinion of this Court in Pierce v. Reynolds, 160 Tex. 198, 329 S.W.2d 76, 78--79 (1959), where we held:
By authority of Rule 483, Tex.Rules Civ.Proc., the judgment of the Court of Civil Appeals is reversed and the cause remanded to that court for consideration on its merits.
Our holding in this case is not to be taken as approving the trial court's order severing the issues of liability and damages. Iley v. Hughes, 158 Tex. 362, 311 S.W.2d 648, 85 A.L.R.2d 1 (1958).
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...In view of opinions using the terms 'separate trial' and 'severance' interchangeably, however the decisions in Schieffer vs. Patterson, 433 S.W.2d 418 (Tex.Sup.1968) and Pierce vs. Reynolds (160 Tex. 198), 429 (329) S.W.2d 76 (Tex.Sup.1959) indicate only one safe course for Appellant. Schie......
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