Scott v. Clark

ON REHEARING

Upon consideration of appellant’s motion for rehearing, our prior opinion in this matter is withdrawn and the following substituted. This is an appeal from a writ of mandamus issued by the County Court at Law of Fort Bend County directing appellant to accept a timely presented but not timely filed appeal bond from appellee.

Appellee was convicted of a moving traffic violation by appellant, who set an appeal bond at $200. The record reflects that on March 1, 1984, the last day for filing an appeal bond, appellee notified the clerk in appellant’s office by phone that he, appel-lee,…