Culicchia v. Taormina

POPE, Justice.

Whether this is an appeal from a final judgment is the point we must determine at the outset. Appellee filed a motion to dismiss the appeal because the judgment was not the final judgment. Appellant, rather than risk the loss of an appeal, in the event the judgment is a final one, has perfected an appeal.

Plaintiff, Frank Culicchia, sued E. A. Taormina and others for a final accounting upon the termination of a partnership. The partnership, known as Taormina Company, consisted of a .canning plant in Donna, Texas, with branches in Yoakum, Texas, and Orange, California. Plaintiff…