Reed v. Garlington

Appellees have filed a motion to dismiss this appeal on the ground that it is not an appeal from an order overruling or sustaining a plea of privilege, permitted by Article 2008, Vernon’s Ann.Civ.St, but merely an attempt to appeal from an order striking out appellant’s plea of privilege. The order appealed from recited that appellant had previously answered and, therefore, the plea of privilege 'had been waived and was not timely filed and that the motion to strike should 'be sustained “for such plea of privilege is without merit.”

Article 2008 provides that either party may appeal from a…