Yturria v. Kimbro

OPINION

SEERDEN, Chief Justice.

Frank D. Yturria appeals from a judgment ordering the partition of real property and appointing commissioners to make the partition of property jointly owned by him and appellees, Marion Yturria Kimbro and Faus-to Yturria, Jr. Appellant raises fourteen points of error complaining generally that he was denied his right to a jury trial and to present evidence when the trial court summarily ordered partition after a pre-trial hearing. We reverse and remand.

In January of 1992, Marion Yturria filed the present lawsuit for the partition of three separate tracts of land…