OPINION ON MOTION FOR REHEARING
The question arises as to whether we can consider appellee’s motion for rehearing, which was received by the Clerk of this Court on Monday, October 7, 1974. The motion was sent by mail in a properly addressed and stamped envelope which shows that it was postmarked in McAllen, Texas, on October 4, 1974. The decision of this Court was rendered on September 19, 1974.
Rule 458, Texas Rules of Civil Procedure, requires that in any matter determined by the Court of Civil Appeals, the motion for rehearing shall be filed within 15 days after the date of rendition of the judgment or decision of the Court. Rule 5, T.R.C.P., however, permits the timely filing of any matter relating to an appeal when it is received by the clerk not more than 10 days tardily if sent by mail bearing a postmark which shows that it was mailed at least one day before the last day for filing. Rule 5 further provides that the “. . . postmark . . . shall be conclusive evidence of the date of mailing.”
Under the aforesaid rules, the last day for filing the motion for rehearing was Friday, October 4, 1974, and the last day for mailing was October 3, 1974. Appel-lee, when advised of the situation, filed affidavits in this Court from: Randall P. Crane, an attorney in the law firm that represents appellee; Ruth Moreno, a secretary who is employed by the law firm; George Finch, who was the Postmaster at San Benito, Texas, on October 2, 1974; and C. T. Miller, who was the Postmaster at McAllen, Texas, on October 2, 1974. The facts set out in those affidavits relating to the matter at hand are: 1) The law firm which represents appellee maintains an office in San Benito, Texas; 2) Ruth Moreno personally placed the motion in an envelope, addressed and stamped the envelope, and deposited the envelope in the slot marked “Out of Town” mail in the United States Post Office, San Benito, Texas, before 5 o’clock p. m., October 2, 1974 ; 3) mail deposited in the San Benito Post Office is sent without postmark to the Post Office at McAllen, Texas; mail so deposited before 5 o’clock p. m. should be postmarked in McAllen on the same day, but it is possible for a letter mailed at the San Benito Post Office before 5 o’clock p. m. on October 2, 1974 to have been postmarked at some later date; and, 4) the truck which transported mail from the San Benito Post Office to the McAllen Post Office on the day of October 3, 1974 experienced mechanical difficulties and arrived some 5 hours behind schedule, which could account for the October 4, 1974 postmark.
We find as a fact that the envelope which contained the motion for rehearing *958was actually deposited in the United States Mails on October 2, 1974. Under the circumstances, we do not consider the language in Rule 5 to the effect that the postmark shall be conclusive evidence of the date of mailing is controlling in this instance. We recognize the fact that the mails, since the original adoption of Rule 5 and the several amendments thereto, have become increasingly erratic and undependable.
The motion is deemed timely filed.
We have carefully considered appellee’s motion for rehearing and are convinced that the case has been correctly decided. No new authorities have been cited and no new theory for an affirmance has been advanced. The motion is overruled.