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WALDO v. DAVIS

No. 6317.

492 S.W.2d 598 (1973)

Diane WALDO, Appellant, v. Roy DAVIS, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied April 11, 1973.

Attorney(s) appearing for the Case

Malcolm McGregor, Philip T. Cole, Janet R. Pauls, El Paso, for appellant.

James J. Crook, Glen A. Sutherland, El Paso, for appellee.

OPINION

PRESLAR, Justice.

This is an appeal from an order granting a new trial on an application for a Bill of Review. We are of the opinion that the order sought to be appealed from is interlocutory and that the appeal should be dismissed.

In the Bill of Review proceeding, the trial Court set aside its prior Summary Judgment and granted a new trial for the cause to be tried on its merits. No determination of the merits of the case was made as that...

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