On Motion for Rehearing
Appellant cites H. B. Zachry v. Thibodeaux, 364 S.W.2d 192, Tex.Sup.1963 and McEwen v. Harrison, 162 Tex. 125, 345 S.W.2d 706 (1961).
These cases were distinguished in Thomas v. Shult, supra, the Court saying: “In each of them there was an order dismissing the parties from the suit and there was only one judgment making adjudication on the merits as to all issues, as between all other parties in the suit.” See also Texaco, Inc. v. McEwen, 356 S.W.2d 809, Tex.Civ.App., El Paso, writ ref. n. r. e. (1962).
Appellant also cites Starr v. Koppers Company, 398 S.W.2d 827, Tex.Civ.App., San Antonio, writ ref. n. r. e. (1965). We do not consider this case to be in point. There a cause of action was asserted against two defendants. The cause of action against one defendant was severed from the cause of action against the other defendant. Separate judgments were rendered against each defendant. Both judgments were appealed from by filing a single appeal bond and one transcript. The Court overruled the motion of appel-lee to dismiss the appeal. The Court reasoned that the trial court even though it had severed the two causes of action treated them as one and that the two judgments really amounted to but one judgment. As we view that case there were two final judgments, one in each of the severed cases. The irregularity in combining the appeal from each judgment in one appeal bond and one transcript was only that and nothing more. No doubt the Court could have required appellant to divide the one transcript into two transcripts had it so desired.
We are not convinced that the cases from three different courts of civil appeals are wrong. We overrule appellant’s motion.