Duncan v. Tweedy

GUITTARD, Chief Justice.

The question for decision is the sufficiency of an agreement to postpone the ruling on a motion for new trial under rule 329b(3) of the Texas Rules of Civil Procedure. We hold that a letter to the judge signed by appellant’s counsel stating that both parties had agreed to postpone the ruling to a certain date is not sufficient and that a written agreement to the same effect signed by both counsel and filed after expiration of the forty-five day period allowed by the rule is ineffective.

Our clerk has previously declined to file the transcript tendered by appellant on…