Rucker v. Bank One Texas, N.A.

OPINION

VANCE, Justice.

In this appeal, we address for the first time: (1) whether a court abuses its discretion by severing a compulsory counterclaim so as to make an otherwise partial summary judgment final, and (2) whether a holding that a severance was improper divests a court of appeals of jurisdiction over the appeal.

William Rucker and Tracom International (“Guarantors”) appeal from a summary judgment and order of severance in favor of Bank One Texas, N.A. (“Bank One”). Guarantors present three issues for appeal. They contend: (1) the trial court erred in granting Bank One’s motion for…