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433 S.W.2d 786

Bryant v. Barnes

Court of Appeals of Texas

Decided July 30, 1968

Court of Appeals of Texas · decided 1968-07-30

Cited by 1 later decisions — most recently September 1975

1 state decisions

Relies on Kimmel v. Lytton

Good law ✅— No negative treatment on recordhow we know

Decided 1968-07-30

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¶1OPINION

WILSON, Justice.

¶2This is an appeal by intervenors from an order dismissing their plea of intervention. The appeal is dismissed.

¶3Four persons, alleging they are members of the city council of the city of Beverly Hills, filed a petition seeking a declaratory judgment involving construction of Art. 5992, Vernon’s Ann.Civ.Stat., and praying for a temporary injunction restraining defendant Mayor from conducting a hearing on charges filed against members of the council.

¶4After the Mayor answered, four persons (alleging they were the petitioners who had filed the petition for removal of the city council members which was the subject matter of the hearing sought to be enjoined) filed the petition in intervention alleging they were class representatives. They prayed dismissal of the action for want of jurisdiction. Their plea in intervention was dismissed on motion.

¶5The order of dismissal is not an appeal-able judgment; it is an interlocutory order. This court has no jurisdiction of the appeal. Kimmel v. Lytton, Tex.Civ.App., 371 S.W.2d 927, writ ref., and cases cited.

¶6The appeal is dismissed.

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