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

Summary

The Texas Supreme Court held that the final judgment of the Court of Civil Appeals required a third motion for rehearing as a prerequisite for Supreme Court jurisdiction, and granted mandamus relief to both parties: ordering the clerk to file Stoner's motion and directing the Court of Civil Appeals to consider it, and setting aside the prohibition on further motions so Hudgins may file her own within fifteen days. The Court rejected the lower court's invalid order and affirmed the mandatory nature of Rule 458. Justice Barrow and Justice Pope dissented, arguing the majority improperly extended filing deadlines and mandated filing of a non‑tendered motion.