Schieffer v. Patterson

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 “asks for a new trial on the issue of damages.” 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…