Thibodeaux v. H. B. Zachry Co.

MURRAY, Chief Justice.

When this case was before us on October 10, 1962, we dismissed the appeal because we considered the judgment appealed from was not a final appealable judgment. Thibodeaux v. H. B. Zachry Co., Tex.Civ.App., 361 S.W.2d 579. Upon application for writ of error, the Supreme Court held that there was a final judgment and remanded the cause to us for further consideration. H. *777B. Zachry Co. v. Thibodeaux, Tex., 364 S.W.2d 192.

The Supreme Court in making the above decision necessarily held that the partial summary judgment was brought forward and made final by implication, when…