Powell v. Powell

ROBERTSON, Justice.

Appellee has filed a motion to dismiss this appeal for want of jurisdiction in that the order sought to be appealed from — an order granting a motion for new trial — is interlocutory and, therefore, not appealable.

On October 22,1974, Joseph William Powell obtained a default judgment of divorce from his wife, Grace, by service of process by publication. In January of 1975, Powell married appellant, Margaret Powell. On July 1, 1976, Powell died. Subsequently, on October 1, 1976, appellee, Grace Powell, timely filed her sworn motion for new trial pursuant to Tex.R.Civ.P. 329,…