Anzaldua v. Whitman

MOTION FOR REHEARING

Before the Court is appellants’ motion for rehearing in cause number 13-83-412-cv and motion for leave to file petition for writ of mandamus in cause number 13-83-521-cv. Appellants’ motion for rehearing relates to this Court’s opinion issued on November 17, 1983, in which we dismissed appellants’ appeal.

The facts of this ease reflect that appellants filed both a timely cash bond and also a paupers’ affidavit on the same day. This court held that an appeal can only be perfected once, either by the giving of a cost bond or by the filing of a proper affidavit, each method…