Ray v. Gage

MASSEY, Chief Justice.

I respectfully dissent from the majority opinion upon the motion to dismiss the appeal, believing that this court does not have jurisdiction to act upon the merits.

Though fully cognizant of the provisions that the Texas Rules of Civil Procedure be given a liberal construction, as' well as the principle of law that a record should be likewise construed in favor of the right of appeal, yet it is my opinion that, because of T.R.C.P. 5 and its provision that the courts may not enlarge the period for taking any action under the rules relating to new trials or motions for…