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  5. 676 S.W.2d 441 (1984)
 

PHOENIX v. JOHN F. SCOTT & CO.

No. 01-84-0280-CV.

676 S.W.2d 441 (1984)

Tommy PHOENIX, Appellant, v. JOHN F. SCOTT & COMPANY, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

August 16, 1984.

Attorney(s) appearing for the Case

Carnegie H. Mims, Jr., Andrew L. Jefferson, Jr., Michael Cato, Jefferson, Mims & Plummer, Houston, for appellant.

Steven L. Weathered, Ross, Banks, May, Cron & Cavin, Houston, for appellee.

Before DOYLE, DUGGAN and LEVY, JJ.

ON APPELLANT'S MOTION FOR REHEARING

PER CURIAM.

The opinion delivered on May 31, 1984, is hereby withdrawn and the following substituted in its stead.

This is an appeal from a judgment in a suit on a sworn account. Appellant has filed a motion for extension of time to file the transcript and the statement of facts.

The judgment was signed January 6, 1984. A motion for new trial was timely filed, and Tex.R.Civ.P. 386 requires that the transcript...

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