Gulf Coast Title Co. v. Walters

On Extraordinary Petition for Rehearing.

Brown, J.

— Upon further consideration, I am of the opinion that the petition for rehearing in this case should be granted, and that upon such rehearing the question of whether or not the court erred in granting a new trial upon the ground stated in the order should be disposed of on its merits, after first giving counsel for the parties an opportunity to be further heard.

At common law, the right to take writ of error from an order granting a new trial did not exist. Such order was not considered a final judgment. The right to take such writ of error -in…