Arndt v. Arndt

OPINION

This is an appeal from the dismissal of a bill of review signed October 7, 1985. On November 5, 1985, appellant tendered his motion for new trial to the district clerk of Austin County. On the motion is the following handwritten notation: “11/5/85 Called for $15.00 on mot. for N.T. Don’t file to [sic] you receive the deposit. L.C.” (L.C. is presumably Lori Coody, district clerk of Austin County.) On November 8, 1985, a cover letter indicating an enclosure of a $15 check was received by the clerk and the motion for new trial was file-stamped, two days after it was due. TEX.R.CIV.P.…