Sandefer v. Sandefer

McCLOUD, Chief Justice.

*32This is an appeal from an order granting appellee, Jefferson Davis Sandefer III, a nonsuit. Appellant, Darlene Owens Sande-fer, the former wife of appellee alleges her plea of privilege, answer and cross-action were timely filed and the trial court’s order granting appellee a nonsuit should be amended to include a further order sustaining appellant's plea of privilege and ordering her motion for change of custody transferred to Dallas County.

The applicable rule governing nonsuits is Rule 164, T.R.C.P., which provides as follows :

“At any time before the jury has retired,…