TEXAS GULF COAST CONST. CO. v. HOUSTON SHELL & CON.

No. 16391.

517 S.W.2d 650 (1974)

TEXAS GULF COAST CONSTRUCTION COMPANY, Appellant, v. HOUSTON SHELL & CONCRETE, Appellee.

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

Rehearing Denied December 19, 1974.


Attorney(s) appearing for the Case

Brochstein & Slobin, Sanford J. Slobin, Houston, for appellant.

Flatow & Hinojosa, Marc Flatow, Houston, for appellee.


PEDEN, Justice.

Appeal from the granting of a motion for summary judgment in favor of plaintiff Houston Shell and Concrete in a suit on a sworn account.

The appellee has filed a motion to dismiss the appeal on the ground that notice of appeal was not timely given under the provisions of Rule 353, Texas Rules of Civil Procedure. We grant the motion and order the appeal dismissed.

Appellee had intervened in a suit filed by the appellant against other...

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