Holland v. Foley Brothers Dry Goods Company

The opinions in this case dated January 20, 1959, and March 10, 1959, are withdrawn and the following is substituted.

A majority has concluded that this Court does not have jurisdiction of the appeal. The procedural facts disclosed by the record show the appeal bond was not. timely filed and authorities relevant thereto hold that this Court must dismiss the appeal under such circumstances.

Upon jury answers to special issues the trial court entered judgment December 2, 1957. The appellant, as plaintiffs in the trial court, filed motion for new trial on December 12th thereafter. On January 24,…