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HAYMAN v. HAYMAN

No. 768.

512 S.W.2d 71 (1974)

Charles Herman HAYMAN, Appellant, v. Ramona Maxwell HAYMAN, Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied August 1, 1974.

Attorney(s) appearing for the Case

Stroud & Smith, L. Vance Stanton, M. James Vanden Eykel, Dallas, for appellant.

Gordon R. Wellborn and Rex Houston, Blake Bailey, Henderson, for appellee.

DUNAGAN, Chief Justice.

The paramount question in this appeal is does this court have jurisdiction over a dismissed cause of action that has subsequently been reinstated? The appellant, Charles Herman Hayman, was granted a nonsuit on October 23, 1973. Thereafter on November 21, 1973, the same trial court vacated the nonsuit for the limited purpose of allowing Ramona Maxwell Hayman, the appellee, to file a counterclaim to join certain issues. The appellant has duly...

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