Browning v. Gomez

On Appellant’s Motion for Rehearing

Appellant cites Frost v. De Bogory, Tex.Civ.App. Dallas, 291 S.W.2d 414, no writ history, in support of his contention that appellees’ cross action being severable did not prevent the summary judgment from being final and appealable. That case was for the recovery of lands in which the defendants filed a cross action for libel. The cross action was dismissed and an appeal taken from this order. The Court reversed this judgment and directed a severance of the cross action rather than its dismissal. In overruling a motion to dismiss the appeal on the ground…