Airco, Inc. v. Tijerina

On motion for rehearing, the original opinion of this Court delivered on May 7, 1980 is withdrawn and the following is substituted.

The court of civil appeals dismissed petitioner’s appeal for want of jurisdiction on the grounds that the appeal bond was not timely filed. 598 S.W.2d 5. We disagree.

The final judgment was signed on July 6, 1979. On July 16, 1979 petitioner filed an instrument captioned “Motion for New Trial of Defendant Aireo, Inc.” and on August 3, 1979 it filed an instrument captioned “Amended Motion for New Trial of Defendant Aireo, Inc.” The trial court overruled the amended…