Punch v. Gerlach

On Motion For Rehearing

Appellants’ motion for rehearing presents argument and authorities to the effect that failure to file the statement of facts in the trial court was a mere informality and was waived by appellees, under Rule 404, T.R.C.P. Vela v. Southland Life Ins. Co., Tex.Civ.App., 212 S.W.2d 210, 218, is cited as the latest authority on this question. We note that in that case, the filing in the trial court later than fifty days after judgment was what the court held to be waived. The statement of facts was filed in the trial court, but filed late.

We find no authority holding that…