Lucas v. Lucas

On Appellant’s Motion for Rehearing

At a former day of this term this court held that the temporary injunction restraining the taking of trustee Dishman’s deposition was improvidently granted and ordered it dissolved. Thereafter appellee Dishman filed his plea to the jurisdiction of this court urging for the first time that the trial court had not granted a temporary injunction, and that because thereof this court had no jurisdiction of the appeal. On October 10, 1962, we sustained appellee’s plea, set aside our original judgment and ordered that the appeal be dismissed.

Appellant has timely…