AAAction Plumbing Co. v. Stewart

OPINION

SAM BASS, Justice.

ON MOTION FOR REHEARING

Our opinion dated March 22, 1990, is withdrawn and the following substituted in its place. We overrule appellants’ motion for rehearing.

Appellee moves this Court to dismiss the appeal for want of jurisdiction, asserting that appellants did not properly perfect the appeal and appellants did not timely file the record.

The trial court signed the judgment on September 27, 1989, and appellant filed a motion for new trial on October 27, 1989. Rule 54 of the Texas Rules of Appellate Procedure mandates that when a timely motion for new trial is filed,…