Palmer v. DOKK Benevolent and Insurance Ass'n
Cases that cite this one
23 later published cases cite this decision.
- Mills v. Corvettes of Houston, Inc. (Tex. App. 2001)
- State v. Buentello (Tex. App. 1989)
- City of Austin v. Hall (Tex. App. 1969)
- Tesoro Petroleum v. Smith (Tex. 1990)
- McCormick Operating Co. v. Gibson Drilling Co. (Tex. App. 1986)
- Dussetschleger v. Smith (Tex. App. 1979)
- Dosamantes v. Dosamantes (Tex. App. 1973)
- Waldo v. Davis (Tex. App. 1973)
- Gonzales Motor Company v. Cain (Tex. App. 1972)
- Swenson v. Swenson (Tex. App. 1971)
- Hall v. City of Austin (Tex. 1970)
- McKellar v. Bracewell (Tex. App. 1969)
- Coastal States Crude Gathering Company v. Strauch (Tex. App. 1967)
- Warren v. Walter (Tex. App. 1966)
- United Services Automobile Association v. Eberly (Tex. App. 1966)
- Flato Brothers, Inc. v. McKinney (Tex. App. 1966)
- Powell v. State (Tex. App. 1966)
- Jones v. Steele (Tex. App. 1962)
- Stocks v. Baptist General Convention of Texas (Tex. App. 1962)
- Permian Mud Service, Inc. v. Sipes (Tex. App. 1960)
- Crook v. Williams (Tex. App. 1957)
- Lincoln Liberty Life Insurance Co. v. Goodman (Tex. App. 1976)
- Permian Mud Service, Inc. v. Sipes (Tex. App. 1960)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
This is a proceeding by bill of review to set aside a default judgment on the ground of fraud. The District Court limited the trial to a determination of whether the default judgment should be set aside, and at the conclusion of such trial entered an order setting the prior judgment aside and enjoining execution thereon. The amount of indebtedness, if any, actually owing by respondent was expressly reserved for determination in a later separate trial of that issue. See Rule 174(b), Texas Rules of Civil Procedure. Petitioner attempted to appeal from such order, and the Court of Civil Appeals affirmed. 329 S.W. 2d 916.
The order entered by the trial court in this proceeding is not a final judgment, and neither the Court of Civil Appeals nor this Court has any power to review the same. McCauley v. Consolidated Underwriters, 157 Texas 475, 304 S.W. 2d 265; Lynn v. Hanna, 116 Texas 652, 296 S.W. 280. Under the provisions of Rule 483, Texas Rules of Civil Procedure, the judgment of the Court of Civil Appeals is reversed and the appeal from the District Court is dismissed.
Opinion delivered April 13, 1960.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.