Legal Opinion · Dissent

Parks v. Huffington

Court of Appeals of Texas

Decided April 1, 1981No. B2531Published

1Dissent

BERT H. TUNKS, Retired Chief Justice,

by designation, dissenting.

I respectfully dissent from that holding of the majority of the panel which is to the effect that the order of the trial court here involved is interlocutory and, therefore not appealable. An interlocutory order is one made as ancillary to a pending case and which does not dispose of all of the issues of that case. When such an order is rendered, the case in aid of which it was made remains pending. The order is not separately appealable. Review of the order by appeal can be had only when the pending case becomes final and is…

2Cases cited4 opinions

  1. Burrage v. Hunt Production Co.Court of Appeals of Texas · 1938
  2. Dallas Joint Stock Land Bank v. State ex rel. CobbTexas Supreme Court · 1940
  3. Butler v. Stonewall BankCourt of Appeals of Texas · 1978
  4. Unnamed Members of the Class v. McMahonCourt of Appeals of Texas · 1979

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