Court of Appeals of Texas December 15, 1966, 221 (Warren v. Walter)

MOORE, Justice.

This is an appeal from the judgment of the trial court granting a bill of review, setting aside and holding for naught a default judgment previously rendered. The judgment appealed from recites that the court granted a new trial on the merits, but the judgment affirmatively shows that there has never been a final determination of the case on the merits.