Consolidated Underwriters v. McCauley

McNEILL, Justice.

This is the second appeal in this cause. In the first, this court’s opinion affirming the judgment of the lower, court, is reported at 301 S.W.2d 181. Writ was granted and the Supreme Court (304 S.W.2d 265) reversed and dismissed the appeal, holding the trial court’s judgment was not final but interlocutory.

Appellee has filed in this court a motion to dismiss this second appeal, contending that the order dated September 27, 1957, of the trial court, hereinafter set out is also interlocutory and one from which an appeal may not be taken. He cites the above holding of the…