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MARTINEZ v. HUMBLE SAND & GRAVEL, INC.

No. D-4393.

875 S.W.2d 311 (1994)

Florencio MARTINEZ, Petitioner, v. HUMBLE SAND & GRAVEL, INC. et al., Respondent.

Supreme Court of Texas.

April 20, 1994.

Attorney(s) appearing for the Case

John W. Cliff, Odessa, for petitioner.

Dale Dowell, Paul J. Holmes, Barbara Jane Barron and Jo Ben Whittenburg, Beaumont, Steve A. Bryant, Allen R. Till, Ronald T. Hancock, Michael K. Bell, Ned Johnson and David Brill, Houston, John A. Davis, Jr., W. Bruce Williams and Rick G. Strange, Midland, Hunter T. Hillin, Corpus Christi, Ray Stoker, Randal Patterson and James M. Rush, Odessa, Michael B. Hughes, George P. Pappas and Michele Barber Chimene, Galveston, Timothy Yeates, Big Spring and Cecily Shull Ticer, Dallas, for respondent.

PER CURIAM.

This appeal involves a summary judgment in a multiple-defendant products liability action. The trial court granted summary judgment to some, but apparently not all, defendants, and the court of appeals affirmed. 860 S.W.2d 467. We conclude that the severance order, which purported to allow additional defendants to be added to the severed "final" judgment after the date the order was signed, was necessarily an interlocutory...

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