Texas Court of Appeals, 9th District (Beaumont) July 29, 1999, 09-97-351 CV (Midkiff v. Hancock East Texas Sanitation, Inc.)

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OPINION

WALKER, Chief Justice.

This is an appeal from summary judgment. The state of the record before us requires that we examine the finality of the instrument entitled, “Final Summary Judgment,” in light of the holding in

Mafrige v. Ross,

866 S.W.2d 590 (Tex.1993), and its progeny. Hurshell Midkiff sued two separate defendants. Hancock East Texas Sanitation, Inc.