MORELAND v. QUANTE

Application for Writ of Error.

An application for writ of error will be refused when it appears that no motion for rehearing was filed in the Court of Civil Appeals and that that court had not abused its discretion in overruling a motion to file a motion for rehearing after the expiration of the time fixed by statute for such filing.

PER CURIAM:

The application for writ of error is refused because no motion for rehearing was filed in the Court of Civil Appeals and it is not made to appear, either in the application for the writ or in the motion filed in the Court of Civil Appeals for leave to file a motion for rehearing after the expiration of the time fixed by the statute, that the Court of Civil Appeals abused its discretion in overruling the said motion for leave to file a motion for rehearing.