Mullins v. Thomas

MR. Judge Taylor

delivered the opinion of the Commission of Appeals, Section B.

See the opinion of the Court of Civil Appeals for a statement of the case. 127 S. W. (2d) 559.

The writ was granted upon the assignment that the Court of Civil Appeals erred in reversing and remanding the cause and in not dismissing the appeal, because the first judgment,— a judgment which was not vacated or appealed from, was final.

Upon final consideration of the record we adhere to the view expressed in granting the writ.

The trial court transcript discloses that while the first judgment was rendered on February 28,…