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Hart v. Hart

Court of Appeals of Texas, Texarkana
Aug 14, 1984
679 S.W.2d 80 (Tex. App. 1984)

Opinion

No. 9296.

August 14, 1984.

Appeal from the 276th District Court, Marion County, William R. Porter, J.

Lew Dunn, Longview, Don Steelman, Marshall, for appellant.

William J. Gardner, Longview, Welby Parish, David Griffith, Gilmer, for appellee.


Harry Hart appeals the trial court's ruling on three motions to strike pleadings. In this Court Rachel Hart has filed a motion to dismiss the appeal because the trial court's orders are interlocutory, thus unappealable, orders. We grant the motion and dismiss.

On May 14, 1984, the trial court overruled a motion to strike the pleadings and dismiss the action of a third party intervenor. We lack jurisdiction to review an order granting intervention because it is an unappealable interlocutory order. Southwestern Bell, Etc. v. Public Util., Etc., 615 S.W.2d 947 (Tex.Civ.App.-Austin), aff'd on other grounds, 622 S.W.2d 82 (Tex. 1981); Tex.R.Civ.P. 60.

The trial court also overruled two motions to strike Rachel Hart's first amended answer and cross-claim. An order overruling a motion to strike a pleading is also an unappealable interlocutory order. Cantrell v. City of Dallas, 350 S.W.2d 358 (Tex.Civ.App.-Dallas 1961, no writ); see also 4 Tex.Jur. 3d. Appellate Review §§ 74 (1980); Annot., 1 A.L.R.2d 422 (1948).

We dismiss the appeal for lack of jurisdiction.


Summaries of

Hart v. Hart

Court of Appeals of Texas, Texarkana
Aug 14, 1984
679 S.W.2d 80 (Tex. App. 1984)
Case details for

Hart v. Hart

Case Details

Full title:Harry Jack HART, Appellant, v. Rachel HART, Appellee

Court:Court of Appeals of Texas, Texarkana

Date published: Aug 14, 1984

Citations

679 S.W.2d 80 (Tex. App. 1984)