Woodson State Bank v. Hibbitts
Woodson State Bank v. Hibbitts
Opinion of the Court
Plaintiff, Woodson State Bank, sued defendants, Otis Hibbitts, Jr., Susie Hibbitts,
The summary judgment in favor of Susie Hibbitts did not dispose of all issues and parties. Pan American Petroleum Corporation v. Texas Pacific Coal & Oil Company, 159 Tex. 550, 324 S.W.2d 200 (1959). Defendants, Otis Hibbitts, Jr. and wife, Delora Hibbitts, did not file a motion for summary judgment. The rule announced in Tobin v. Garcia, 159 Tex. 58, 316 S.W.2d 396 (1958) is applicable only when all parties file motions for summary judgment. See Ackermann v. Vordenbaum, 403 S.W.2d 362 (Tex. 1966).
We have no jurisdiction, and it is our duty to dismiss the appeal. Commercial Standard Insurance Company v. Stonewall Insurance Company, 469 S.W.2d 310 (Tex.Civ.App.-Eastland 1971, no writ).
The appeal is dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.