First Dallas Petroleum, Inc. v. Hawkins

GUITTARD, Chief Justice.

On our own motion we have undertaken to determine whether the judgment below is final so that it can now be appealed. Since our consideration of this question has required interpretation of two recent amendments to the Texas Rules of Civil Procedure, we write to explain our conclusion that these amendments do not change the rule as established by previous case law which requires us to hold that the judgment is final.

Appellees, as plaintiffs below, brought suit for fraud against four defendants. One defendant was never served, nor did he appear. Plaintiffs’ claim…