Bayoud v. Nassour

DIXON, Chief Justice.

This appeal calls for the proper construction and application of Rules 443^148, Vernon’s Texas Rules of Civil Procedure, especially Rule 445.

In 1962 a judgment for $3,543.32 in favor of Dr. Nassour, appellee here was reversed by the Texarkana Court of Civil Appeals and the cause remanded for another trial. Bayoud v. Nassour, 353 S.W.2d 331. Dr. Bayoud’s application for writ of error was “Refused n. r. e.”, and the judgment of reversal became final when the Supreme Court of Texas overruled a motion for rehearing on January 16, 1963.

A mandate was not issued within a year…