dissenting.
I respectfully dissent to the majority opinion in this case. This Court has jurisdiction of Welborn’s appeal.
The majority correctly states that this Court must give great deference to the trial court over findings of fact. The majority also correctly states that when the trial court misapplies the law this Court need not defer to the erroneous ruling. Where the majority errs is in the holding that a party and his counsel are on notice of any rulings and judgments of the court as a matter of law.
The amendments to rule 306a, effective April 1, 1984, changed paragraph three of *333the rule to require the court clerk to give notice of a signed judgment by mailing a copy to all parties and added paragraphs four and five to the rule. Tex.R.Civ.P. 306a(3), (4), (5). The appellate timetable begins on the date the judgment is signed. Tex.R.Civ.P. 306a(l). The 1984 amendments created an exception to this rule when the clerk fails to send notice or the adverse party does not acquire actual knowledge of the signing of the judgment within twenty days from the signing of the judgment. See Tex.R.Civ.P. 306a(4), (5). If the clerk fails to send the required notice and the adverse party does not acquire actual knowledge within twenty days of the signing of the judgment, as in this ease, then the appellate timetable begins to run from the date the adverse party received such notice or acquired actual knowledge .of the signing of the judgment. Tex. R.Civ.P. 306a(4), (5).
To establish the exception under rule 306a, the adverse party must prove in court, on sworn motion and notice, the date on which he first received notice or acquired actual knowledge of the signing and that this date was more than twenty days after the judgment was signed. Tex. R.Civ.P. 306a(5). The trial court has jurisdiction to hear a motion filed under rule 306a(5) up until thirty days after the date the adverse party contends he received notice or acquired actual knowledge of the signing of the judgment. Western Import Motors, Inc. v. Mechinus, 739 S.W.2d 125, 126 (Tex.App.—San Antonio 1987, no writ); Pope v. Moore, 729 S.W.2d 125, 128 (Tex.App.—Dallas 1987, writ ref'd n.r.e.).
Welborn’s counsel filed a rule 306a(5) motion within thirty days of the date he contends he acquired actual knowledge of the signing of the judgment. The trial court held a hearing, and the evidence showed that the Knowleses’ counsel sent a letter to Welborn’s counsel that notified Welborn’s counsel that he was “requesting” that the court sign the attached proposed judgment. The Knowleses’ counsel conceded that, contrary to the explicit instructions in the letter, the judgment had already been signed and was attached to the letter. Welborn’s counsel testified that he relied on the representation in the letter and did not look to see if the “proposed” judgment had been signed. Welborn’s counsel expressly stated that he had no actual knowledge that the judgment was signed until October 21, 1991 when he received another letter from the Knowleses’ counsel, who previously indicated the judgment had not been signed, requesting payment pf the judgment now that it was final.
In the Western Import Motors case, the appellants received a letter along with a proposed judgment from appellees on December 24, 1986. The letter stated:
Please advise me and the Court within 72 hours as to whether or not you have any objections to the Judgment. Otherwise, I am requesting the Court sign the Judgment by December 30, 1986.
Western Import Motors, 739 S.W.2d at 126. Appellants did not object to the proposed judgment. Id. The court signed the judgment January 5, 1987. Id. Appellants filed a rule 306a(5) motion contending they were not notified of the signing of the judgment by the clerk within twenty days from the date it was signed and did not receive actual knowledge of the signing of the judgment until March 5, 1987 when they called the clerk of the court. Id. The trial court found that appellants acquired actual knowledge of the signing of the judgment on December 24, 1986, the day they received appellee’s letter. Id.
The court of appeals reversed, holding that appellants’ time for perfecting appeal ran from the day they acquired actual knowledge of the signing of the judgment, i.e., March 5, 1987. Id. The court of appeals refused to hold that the letter mailed to appellants together with the proposed judgment was sufficient to comply with the notice requirements of rule 306a. Id. The letter only stated that appellee was “requesting” the trial court sign the judgment by December 30, 1986. Id. Nothing in the letter indicated that the judgment was in fact signed. Id. If anything, the letter only served to notify appellants that as of the date of the letter the judgment had not yet been signed. Id. Furthermore, the judgment was not even signed as of the *334deadline set forth in the letter. Id. at 126 n. 1. Appellants could not know from the letter when, or whether, the judgment was signed. Id.
Under the 1984 amendments to rule 306a, a party no longer has notice of the signing of judgments for purposes of the running of the appellate timetable as a matter of law. The cases cited by the majority supporting the proposition that a party has notice of the signing of a judgment as a matter of law were all decided before the 1984 amendments to rule 306a. See Flack v. First Nat’l Bank, 148 Tex. 495, 226 S.W.2d 628 (1950); Portman v. Earnhart, 343 S.W.2d 294 (Tex.Civ.App.—Dallas 1960, writ ref’d n.r.e.); Pentikis v. Texas Elec. Serv. Co., 470 S.W.2d 387 (Tex.Civ.App.—Fort Worth 1971, writ ref’d n.r.e.); Tex.R.Civ.P. 306a(3), (4), (5). The clerk must send notice of the signing of the judgment. Tex.R.Civ.P. 306a(3). If the adverse party does not receive notice from the clerk or acquire actual knowledge of the signing of the judgment within twenty days of the date of the signed judgment, then the appellate timetable begins to run from the date the adverse party receives such notice or acquires “actual” knowledge of the judgment. Tex.R.Civ.P. 306a(4).
As in the Western Import Motors case, nothing in the August letter from Knowles-es’ counsel indicated that the judgment was signed. In fact, the August letter gave notice that the judgment had not yet been signed. The court held a hearing and made a finding of fact that Welborn acquired actual knowledge of the judgment on October 21, 1991. See Tex.R.Civ.P. 306a(5). I would hold that this finding is clearly not against the great weight and preponderance of the evidence. The majority decides this case as a matter of law on an erroneous proposition of law and fails to apply a factual standard of review as required under rule 306a.