Arana v. Gallegos

Appellee has filed a motion to dismiss this appeal. It appears that appellant filed his motion for a new trial on December 16, 1954, some fourteen days before judgment was rendered on D.ecember 30, 1954. Under the provisions of, Rule .306c, Texas- Rules of Civil Procedure, this prematurely ■ filed motion will be regarded as having, been filed on the day judgment was rendered, but subsequent to such rendition. Appellant attempted ,to file an, amended motion for new trial on January 25, 1955, which was more than twenty days after the filing of the original motion, and-therefore :such tardily…