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RUCKER v. BANK ONE TEXAS, N.A.

No. 10-99-087-CV.

36 S.W.3d 649 (2000)

William RUCKER and Tracom International, Appellants, v. BANK ONE TEXAS, N.A., Appellee.

Court of Appeals of Texas, Waco.

December 27, 2000.

Attorney(s) appearing for the Case

Thomas Matthew Michel, Jamshyd M. Zadeh, Bourland, Kirkman, Seidler & Evans, L.L.P., Ft. Worth, for appellant.

Jeffrey Garner Hamilton, William D. Ellerman, Jackson Walker, L.L.P., Dallas, for appellee.

Before Chief Justice DAVIS Justice VANCE, and Justice GRAY.

OPINION

VANCE, Justice.

In this appeal, we address for the first time: (1) whether a court abuses its discretion by severing a compulsory counterclaim so as to make an otherwise partial summary judgment final, and (2) whether a holding that a severance was improper divests a court of appeals of jurisdiction over the appeal.

William Rucker and Tracom International ("Guarantors") appeal from a summary judgment and order of severance in favor of Bank...

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