Legal Opinion

Caddell v. Gray

Court of Appeals of Texas

Decided November 4, 1976No. 5660Published

1Opinion

ON REHEARING

Appellees on rehearing assert this court has no jurisdiction over the appeal because the trial court’s order “reinstating the case” was interlocutory, and appeal does not lie from an interlocutory order unless authorized by statute; citing North East Ind. Sch. Dist. v. Aldridge, S.Ct., 400 S.W.2d 893; Hayman v. Hayman, CCA, NWH, 512 S.W.2d 71, and Marulanda v. Mendez, CCA, NWH, 489 S.W.2d 128.

Ordinarily there is no appeal from an interlocutory order (unless authorized by Statute), and the order of reinstatement here was interlocutory.

But the rule is different where the order is…

2Cases cited8 opinions

  1. North East Independent School District v. AldridgeTexas Supreme Court · 1966
  2. Fulton v. FinchTexas Supreme Court · 1961
  3. McGregor v. ClawsonCourt of Appeals of Texas · 1974
  4. Travelers Express Company, Inc. v. WintersCourt of Appeals of Texas · 1972
  5. Matlock v. WilliamsCourt of Appeals of Texas · 1955

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