Wyche v. Bank of Texas

The appellee has filed a motion to dismiss for want of jurisdiction. It appears that the appellant filed her motion for a new trial on March 17, 1972, prior to the *392rendition of the judgment on March 30, 1972. The appellant on April 10, 1972, filed another motion for new trial identical to the one filed on March 17, 1972. Appellant then filed what is entitled “Amended Motion for New Trial” on April 28, 1972, gave notice of appeal on June 22, 1972 and filed her appeal bond on July 12, 1972.

It is clear from Rule 306c, Texas Rules of Civil Procedure that the prematurely filed motion for new trial…