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NOVOSAD v. CLARY

No. 15309.

431 S.W.2d 422 (1968)

Tom NOVOSAD et al., Appellants, v. James K. CLARY, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied September 5, 1968.

Attorney(s) appearing for the Case

W. E. Barron, Navasota, for appellant, Tom Novosad.

Carrington, Johnson & Stephens, Dan McElroy, Dallas, for appellant, Burrus Mills, Inc.

Davis, Davis & Hornbuckle, Wm. E. Hornbuckle, III, Huntsville, for appellee.

PEDEN, Justice.

This is an appeal from the granting of a summary judgment in favor of the defendant, James K. Clary, against the plaintiff, Tom Novosad, and from the granting of a partial summary judgment in favor of Clary against the intervenor, Burrus Mills, Inc. The trial court severed Mr. Clary's claim for damages against Burrus Mills; such claim is the only part of the controversy still pending in that court.

Appellee asserts that we do not have jurisdiction...

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