Martinez v. Stephens

Appellee Mercy Hospital has filed a motion to dismiss this appeal because the record was not filed 'in- this Court within the time prescribed by Rule 386, Texas Rules of Civil Procedure.

The record shows that plaintiff below timely filed a motion for a new trial on September 25, 1951, and there is a notation on the judge’s docket to the effect that on October 19, 1951, this motion for a new trial was duly presented to the trial court and overruled by him. On November 23, 1951, an order was signed by the trial judge reciting that the motion for a new trial was considered on October 19, 1951 and…