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Pan American Petroleum Corporation v. Texas Pacific Coal & Oil Company

Pan American Petroleum Corporation Et Al v. Texas Pacific Coal and Oil Company, Et Al.

Pan Am. Petroleum Corp. v. Tex. Pac. Coal & Oil Co., 324 S.W.2d 200 (Tex. 1959)
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Court
Texas Supreme Court · State Highest Courts
Decided
May 13, 1959
Docket
No. A-7237
Judges
Per Curiam
Citations
324 S.W.2d 200324 S.W.2d 300159 Tex. 5502 Tex. Sup. Ct. J. 3081959 Tex. LEXIS 573

Opinion — Per Curiam

PER CURIAM:

The Court of Civil Appeals has dismissed petitioners’ appeal, holding that the summary judgment granted by the trial court in favor of respondents and against petitioners on one phase of the case is interlocutory and not appealable. 320 S.W. 2d 915 . No severance was ordered by the trial court, but petitioners say that the case involves two entirely separate, severable and independent causes of action, and that the summary judgment disposes of all issues and parties involved in one cause of action. They argue that under such circumstances the granting of the motion for summary judgment effectively severed the two causes of action by implication, and that the judgment is therefore final and appealable.

While there is authority for the argument advanced by petitioners, Richards v. Smith, Texas Civ. App., 239 S.W. 2d 724 (wr. ref. n.r.e.), Riggs v. Bartlett, Texas Civ. App., 310 S.W. 2d 690 (wr. ref. n.r.e.), we do not think the finality and hence the appealability of a judgment should be made to turn upon whether the action is severable as to issues, as to parties, or as to causes of action. The confusion and uncertainty involved in the application of such a rule outweigh any advantages which might result therefrom. In our opinion a summary judgment which does not dispose of all parties and issues in the pending suit is interlocutory and not appealable unless a severance of that phase of the case is ordered by the trial court. Gallaher v. City Transp. Co., Texas Civ. App., 262 S.W. 2d 807 (wr. ref.); Myers v. Smitherman, Texas Civ. App., 279 S.W. 2d 173 (no writ). In the absence of an order of severance a party against whom such an interlocutory summary judgment has been rendered will have his right of appeal when and not before the same is merged in a final judgment disposing of the whole case.

The application for writ of error is refused, No Reversible Error.

*552 Opinion delivered May 13, 1959.

Associate Justice Hamilton not sitting.

How later courts describe this case

Explanatory parentheticals written by citing courts — 7 in all; the most informative distinct ones are shown.

Cited by 142 cases

View all citing references →
1959: 41960: 31962: 21963: 21964: 41965: 71966: 11967: 21968: 51969: 31970: 41971: 21972: 81973: 31974: 51975: 41977: 21978: 41979: 31980: 31981: 11982: 31983: 11984: 51986: 41987: 31988: 21989: 21990: 41991: 21992: 51993: 51994: 21995: 21996: 21998: 31999: 32000: 12001: 22002: 12003: 52004: 12005: 32006: 12011: 32015: 519592026peak 1972 · 8

Relies on it most ⓘ

  1. In re Daniel W. Warren, Beneficiary of the Daniel Steven Weiner 1996 TrustNo. 01-15-00471-CV (Tex. App.—Houston [1st Dist.] Sept. 17, 2015)
  2. Ross v. Arkwright Mutual Insurance Co.834 S.W.2d 385 (Tex. App. 1992)
  3. Christensen v. Harkins740 S.W.2d 69 (Tex. App. 1987)
  4. Schlipf v. Exxon Corp.626 S.W.2d 74 (Tex. App. 1981)
  5. Westbrook v. City of Edna501 S.W.2d 437 (Tex. App. 1973)
  6. Teer v. Duddlesten664 S.W.2d 702 (Tex. 1984)

Most recent

  1. In re Daniel W. Warren, Beneficiary of the Daniel Steven Weiner 1996 TrustNo. 01-15-00471-CV (Tex. App.—Houston [1st Dist.] Sept. 17, 2015)
  2. Joan DeYoung, Stephen DeYoung, M.D., and David DeYoung v. William L. Maynard, Individually and as of the Estate of Judy Page Maynard, and Maynard Properties, L.P.No. 01-15-00260-CV (Tex. App.—Houston [1st Dist.] Aug. 17, 2015)
  3. DeNucci v. Matthews463 S.W.3d 200 (Tex. App. 2015)
  4. In re George Green and Garlan GreenNo. 03-14-00725-CV (Tex. App.—Austin Apr. 20, 2015)
  5. Elishah Sawyers, Pax Crate & Freight, Inc. and Robin Sawyers v. Marc Carter and Sally CarterNo. 01-14-00870-CV (Tex. App.—Houston [1st Dist.] Apr. 8, 2015)
  6. Beyer Properties, L.L.C. v. Jerry Huffman Custom Builder, L.L.C.355 S.W.3d 878 (Tex. App.—Dallas 2011)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
Myers v. Smitherman, 279 S.W.2d 173 (Tex. App. 1955) 24
Gallaher v. City Transp. Co. of Dallas, 262 S.W.2d 807 (Tex. App. 1953) 19
Richards v. Smith, 239 S.W.2d 724 (Tex. App. 1951) 18
Riggs v. Bartlett, 310 S.W.2d 690 (Tex. App. 1957) 10
Pan Am. Petroleum Corp. v. Tex. Pac. Coal & Oil Co., 320 S.W.2d 915 (Tex. App. 1959) 5

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