Western Casualty & Surety Co. v. Southard

REYNOLDS, Justice.

Appellant, the plaintiff in the trial court, has filed an appeal from the trial court’s order signed and entered June 12, 1970, setting aside its judgment rendered March 5, 1970, in favor of plaintiff, and granting a new trial. The parties will be referred to by their trial court designations.

If the June 12, 1970 order is void, as plaintiff contends, this court has jurisdiction of the appeal to declare the order a nullity, Fulton v. Finch, 162 Tex. 351, 346 S.W.2d 823 (1961); if, as defendant maintains, the order is valid, it is interlocutory and no appeal will lie…