Alamo Federal Credit Union v. Celedon

Appellees have filed a motion to affirm the judgment in this case on certificate or dismiss the appeal because the transcript was not filed within sixty days from the time appellant’s motion for new trial was overruled by operation of law. The question presented is whether the time for filing the record under Rule 386, Texas Rules of Civil Procedure runs from that time, where the trial court signed an order overruling said motion after the expiration of forty-five days from the filing of the motion.

Appellant’s motion for new trial was filed on November 23, 1966, heard by the court on December…