Griffin v. Wolfe

The court of civil appeals has held that an appeal from the first order in a partition suit is purely interlocutory and is governed by Rule 385, Tex.R.Civ.Pro., with the result in this case that appellants’ failure to file the transcript in twenty days defeated their right to appeal. We reverse the judgment of the court of civil appeals, remand the cause to that court with instructions to withdraw its order of dismissal and determine whether appellants should be granted an extension of time to file the record as in an appeal from a final judgment.

The trial court rendered a judgment that…