Donaghey v. Van Cleave

COLEMAN, Justice.

This is a suit for damages for wrongful death resulting from the collision of a car driven by the decedent with a truck parked along the curb of a highway. The collision occurred at night. No lights were burning on the truck. A judgment for the plaintiffs was entered based on a jury verdict.

The jurisdiction of this Court has been questioned. Rule 329b, Texas Rules of Civil Procedure, provides:

it ⅜ ⅜ ⅝

“(3) All motions and amended motions for new trial must be determined within not exceeding forty-five (45) days after the original or amended motion is filed, unless by one or…