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Diversified Fin. Sys. v. Hill

Supreme Court of Texas
Jan 31, 2002
63 S.W.3d 795 (Tex. 2002)

Summary

holding severed action remained interlocutory because severance order stated action would "proceed as such to final judgment or other disposition"

Summary of this case from Segura-Romero v. Castineira

Opinion

No. 00-0040

Opinion Delivered: September 20, 2001 Rehearing Overruled January 31, 2002

On Petition for Review from the Court of Appeals for the Second District of Texas

J. Allen Smith, Scott James Conrad, Ralph Eugene Roberts, Settle Pou, Dallas, Levon G. Hovnatania, Martin Disiere Jefferson, Houston, for Petitioner.

Frank Gilstrap, Hill Gilstrap, Arlington, for Respondent.


Petitioners sued respondents on promissory notes and guarantees. The trial court rendered an interlocutory summary judgment for respondents on certain claims and issued an order severing those claims into a separate cause. The order stated that the separate action should "proceed as such to final judgment or other disposition in this Court [under a new style and cause number]." Six weeks later, the trial court signed a final judgment in the severed cause. Petitioners timely appealed from this judgment, but the court of appeals dismissed the appeal for want of jurisdiction, holding that the interlocutory summary judgment became final the instant it was severed from the main cause. 3 S.W.3d 616.

As a rule, the severance of an interlocutory judgment into a separate cause makes it final. Farmer v. Ben E. Keith Co., 907 S.W.2d 495, 496 (Tex. 1995) (per curiam). But here, the severance order expressly contemplated that the severed claims would "proceed as such to final judgment or other disposition in this Court." Thus, the severance order clearly precluded a final judgment in the severed action until the later judgment was signed, and petitioners' appeal was timely.

Accordingly, without hearing oral argument, Tex.R.App.P. 59.1, the Court reverses the judgment of the court of appeals and remands the case to that court for consideration of the merits of the appeal.


Summaries of

Diversified Fin. Sys. v. Hill

Supreme Court of Texas
Jan 31, 2002
63 S.W.3d 795 (Tex. 2002)

holding severed action remained interlocutory because severance order stated action would "proceed as such to final judgment or other disposition"

Summary of this case from Segura-Romero v. Castineira

holding severance of interlocutory judgment into a separate cause of action makes interlocutory judgment final

Summary of this case from Nichols v. Nichols

holding that severance order stating that separate action should "proceed as such to final judgment or other disposition in this Court [under a new style and cause number]" was not subject to appeal

Summary of this case from Aleman v. Marsh USA, Inc.
Case details for

Diversified Fin. Sys. v. Hill

Case Details

Full title:Diversified Financial Systems, Inc. and Diversified Financial Southeast…

Court:Supreme Court of Texas

Date published: Jan 31, 2002

Citations

63 S.W.3d 795 (Tex. 2002)

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