Humble Exploration Co. v. Browning

CLAUDE WILLIAMS, Retired Chief Justice.

ON MOTION OF APPELLEES TO STRIKE APPELLANT’S. MOTION TO WITHDRAW JUDGMENT DISMISSING APPEAL AND APPELLEE’S MOTION TO SET ASIDE THE COURT’S ORDER OF OCTOBER 4, 1984

Resolution of the questions presented by these motions requires an answer to two questions: (1) does the court of appeals have plenary power over its judgments within the term after a motion for rehearing is overruled and (2) if such a plenary power existed was it properly applied in the instant case. In answer to the first question we hold that the Court of Appeals does possess a plenary power…