Brazzel v. Murray

OPINION

NYE, Chief Justice.

The question on this appeal is the propriety of the trial court’s dismissal of appellant’s cause of action predicated upon the authority and requirements of Rule 445, Texas Rules of Civil Procedure. This Rule provides:

“In cases which have been reversed and remanded by a Court of Civil Appeals, if no mandate shall have been taken out and filed in the court where the cause originated within one year after the motion for rehearing is overruled or final judgment rendered, then upon the filing in the court below of a certificate of the clerk of the Court of Civil Appeals…