Alex Angerstein v. Mrs. Dolly Angerstein

Appellant Alex Angerstein, defendant below, seeks to appeal to this Court from a judgment of the district court of Victoria County, Texas, granting a divorce to appellee, and allowing recovery of attorney fees. Appellant, on the 63rd day after entry of the judgment, filed a motion with this Court asking for an extension of time in which to file the transcript and statement of facts, accompanying said motion with the transcript duly certified by the district clerk. Thereafter, within the 75-day period from the date of the judgment, amended motion for such extension was filed. We find that this motion shows good cause for delay, and have granted same, extending such time for an additional thirty days from the end of the sixty days period, and have ordered the transcript filed as of the date it was received by our clerk. A study of the decree entered by the trial court in this cause convinces us that same is not a final, appealable judgment, since it expressly reserves for future order in the same case a ruling on the property issues, and that, acting on our own motion, we should dismiss this appeal. The record shows that appellee sued appellant for divorce, attorney fees, and a determination and partition of community property. On order of the court, appellant filed a sworn inventory evidencing ownership by the parties of a large amount of community property, including valuable real estate, money in banks, and other personal property. The decree of the court, entered January 29, 1965, after granting the divorce as prayed for and allowing attorney fees, states as follows: