Texas Supreme Court

J. W. Pierce, DBA Pierce Pump Company v. John B. Reynolds

October 7, 1959160 Tex. 198

Summary

The Texas Supreme Court held that a summary judgment disposing of a severed portion of a single cause of action is a final, appealable judgment, and that a trial court has the authority to sever a single cause of action even though such severance is not proper for the purpose of obtaining early appellate review. The Court also reversed the trial court’s summary judgment on the merits, finding genuine issues of fact as to the plaintiff’s executive status under the Fair Labor Standards Act.