Hewitt v. Nielsen

SHANNON, Justice.

This is an appeal from a partial summary judgment entered in a bill of review proceeding. A preliminary question concerns the finality of the summary judgment. We have concluded that the judgment is not final, and, as a result, we will dismiss the appeal.

In March, 1976, appellee, John Nielsen, filed a petition in the nature of a bill of review to set aside a previous judgment in a trespass to try title suit and for a determination on the merits in the trespass to try title suit. On February 15, 1977, the district court entered the partial summary judgment for appellee.

The…