Gallegos v. Truck Insurance Exchange

ON MOTION FOR REHEARING

On June 9, 1976, we denied appellant’s motion for extension of time for filing the *354record and held that appellant offered no “reasonable explanation” under Rule 21c1 for not filing a record which became misplaced while in possession of appellant’s attorney. We held that there was a calculated risk that the record would become lost or misplaced when it was kept by appellant’s attorney for over thirty days without filing it.

Appellant has now filed a motion for rehearing, wherein it is asserted that the record was not promptly filed by the attorney because he was not able…