On Motion for Rehearing of Motion to Retax Costs.
In its original opinion this Court sustained appellants’ motion to declare the *480judgment of the trial court void and ordered the cause dismissed. It is now apparent to us that this was an incorrect order. The judgment of the trial court should have been reversed and the cause remanded for a new trial.
Therefore, the judgment of this Court heretofore entered on April 24, 1957, will be set aside and judgment now rendered reversing the judgment of the trial court and remanding the cause for a new trial at cost of appellants.
Appellants’ motion for rehearing of motion to retax costs is overruled. Appellants having caused the cost of this appeal must pay same. Huffines v. Mercury Life & Health Co., Tex.Civ.App., 185 S.W.2d 239. See also, Parr v. State, Tex.Civ.App., 293 S.W.2d 280; Hinojosa v. Garcia, Tex.Civ.App., 260 S.W.2d 711; Isbell v. Rednick, Tex.Civ.App., 193 S.W.2d 736 ; 3-A Tex.Jur. p. 44, § 35.
Reversed and remanded.