Hood v. Amarillo National Bank

ON MOTION FOR REHEARING

In this cause, we consider whether a final and appealable judgment existed after one defendant filed bankruptcy prior to the trial court’s entry of judgment and there was no severance of the bankrupt defendant. Under these circumstances, we conclude that there was no final and appeal-able judgment. Pursuant to Rule 170 of the Texas Rules of Appellate Procedure, a majority of the court grants the motion for rehearing of the application for writ of error of Thomas H. Hood, O.N. Winniford and Frank S. McGee and, without hearing oral argument, reverses the judgment of the…