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BOYDSTON v. CHILDRESS

No. 3983.

391 S.W.2d 72 (1965)

L. F. BOYDSTON et al., Appellants, v. Mary Page CHILDRESS et vir et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied May 28, 1965.

Attorney(s) appearing for the Case

R. J. Balch, Seymour, Don Burdette, Amarillo, for appellants.

McMahon, Smart, Sprain, Wilson & Camp (Bob J. Surovik), Abilene, for appellees.

WALTER, Justice.

In Boydston v. Childress, 378 S.W.2d 730, this court dismissed the appeal stating "The judgment concludes with a recital that it is without prejudice to the rights of any party to subsequently litigate any additional matters not precluded thereby. There is no order of severance in the record. The cause of action asserted by plaintiffs against said non-appealing defendants is not shown to be disposed of by said judgment...

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