J. W. Pierce v. John B. Reynolds

Writ of error was granted in this case primarily for the purpose of determining whether a summary judgment which adjudicates a severed part of a single cause of action is appealable. The suit was brought by John B. Reynolds, plaintiff against J. W. Pierce, defendant, pursuant to Section 16(b) of the Fair Labor Standards Act of 1938, 29 U.S.C.A., section 216(b), to recover minimum wages and overtime compensation claimed to be owing for the period from January 16, 1955, to May 18, 1956. Defendants motion for summary judgment as to all amounts alleged to have accrued after August 20, 1955, was sustained. Judgment was thereupon entered by the trial court decreeing that plaintiff take nothing for that portion of the period covered by his petition, and ordering that this part of the case be severed and given a new number on the docket. Plaintiff appealed to the Court of Civil Appeals, and defendant moved to dismiss the appeal on the ground that the judgment entered by the trial court is interlocutory and not appealable. The motion to dismiss was overruled, and the judgment for defendant was reversed and the cause remanded to the district court for trial. 320 S.W.2d 376.