Midkiff v. Hancock East Texas Sanitation, Inc.

OPINION

WALKER, Chief Justice.

This is an appeal from summary judgment. The state of the record before us requires that we examine the finality of the instrument entitled, “Final Summary Judgment,” in light of the holding in Mafrige v. Ross, 866 S.W.2d 590 (Tex.1993), and its progeny. Hurshell Midkiff sued two separate defendants. Hancock East Texas Sanitation, Inc. was MidkifFs employer at the time of the injury. Dolgen-corp of Texas was the purported lessee of the premises upon which Midkiff was injured. During the course of the litigation, both defendants filed separate motions for summary…