ON MOTION FOR REHEARING
Mrs. McCartney contends, in her motion for rehearing, that it is error for this court to order a partial reversal of the trial court’s judgment and to remand the cause solely that the trial court may decree an appropriate disposition of the parties’ income tax liability.
Rule 434, Texas Rules of Civil Procedure, as amended effective January 1, 1976, permits the court of civil appeals to order a limited new trial in certain circumstances. The pertinent part of Rule 434, as amended, provides:
“ . . . if it appear to the court that the error affects a part only of the matter in controversy and that such part is clearly separable without unfairness to the parties, the judgment shall only be reversed and a new trial ordered as to that part affected by such error, provided that a separate trial on unliquidated damages alone shall not be ordered if liability issues are contested.”
*441A limited new trial is now authorized where there is error in the trial court’s judgment as to a part of the matter in controversy and it is clear that such part may be separately determined without prejudice to the rights of the parties. Wirtz v. Orr, 533 S.W.2d 468, 472 (Tex.Civ.App.—Eastland 1976, no writ); Huffington v. Upchurch, 532 S.W.2d 576, 580 (Tex.1976). The trial courts have been granted similar authority by amendment of Rule 320, Texas Rules of Civil Procedure. See Pope and Sheehan, “ ‘Try, Try, Again . . . ’ A Proposal to Limit the Scope of New Trials in Texas”, St. Mary’s L.J. 1 (1975); Heath, Comments on The 1975 Amendments, 39 Texas B.J. 229 (1976); Annual Survey of Texas Law, 30 S.W.L.J. 293, 308 (1976).
In the case at bar the matter of the parties’ income tax liability is clearly separable from the trial court’s action in dividing the properties between the parties, and such matter can be determined by the trial court upon further proceedings without unfairness to the parties.
The judgment of the trial court is reversed with respect only to the matter of the division and award of properties, and that part of the matter in controversy is remanded to the trial court with instructions to hear only such additional evidence as may be necessary to effect an appropriate disposition of the parties’ income tax liability, based upon the income received prior to the dissolution of their marriage, and in accordance with the opinion rendered by this Court. In all other respects the judgment of the trial court is affirmed.
Appellant’s motion for rehearing is overruled.