Gulf, Colorado & Santa Fe Railway Co. v. McBride

This cause being before us on motion for rehearing, I withdraw my former dissent and file the following as a substitute therefor.

I disagree with the majority in assuming jurisdiction of this case. Jurisdiction has been erroneously predicated upon the Texas Rules of Civil Procedure. Such action is prohibited by Article 5, Sec. 3 of the Texas Constitution. Section 3 reads:

“The Supreme Court shall have appellate jurisdiction only except as herein specified, which shall be co-extensive with the limits of this state. Its appellate jurisdiction shall extend to questions of law arising in cases of…