State v. Ellison

ON MOTION FOR REHEARING

The State has filed a motion to dismiss for want of jurisdiction and a motion for rehearing. We overrule both motions.

The State raises a new point of error in its motion for rehearing. It asserts that the judgment of the trial court is interlocutory and not appealable because it failed to dispose of all parties in the cause.

The State never served notice of its objections to the commissioners’ award on the Ellisons, First National Bank, or Garrett Engineering. Therefore, the trial court never had in personam jurisdiction over any of the defendants in the judicial…