William Howard Stoner, Relator v. Honorable Frank A. Massey, Respondents

Summary

The Texas Supreme Court held that the July 27, 1978 judgment of the Court of Civil Appeals required the filing of a third motion for rehearing as a prerequisite for Supreme Court jurisdiction, and therefore granted mandamus to compel the clerk to file Stoner’s motion and to vacate the prohibition on further motions, also allowing Hudgins fifteen days to file her own motion. The Court relied on Rule 458 and precedent such as Honeycutt and Oil Field Haulers to affirm the right to a further rehearing motion. Two dissenting opinions argued that the time extension for Hudgins violates mandatory procedural rules and that mandating a non‑existent motion is improper.