Davis v. Thomas

ON MOTION FOR REHEARING

Appellee contends that this court was without jurisdiction to consider appellant’s appeal in this case since the default judgment was rendered on January 8, 1976, and the motion for new trial was not filed until January 27, 1976, more than ten days after judgment and outside of the time prescribed by Rule 329b(l), T.R.C.P. Ap-pellee argues that although the trial court retains jurisdiction over its judgment for 30 days after rendition, that “since a motion for new trial filed late is a nullity, an order *762overruling such a motion presents nothing to appeal from,” citing…