ON MOTION FOR REHEARING
The opinion of this court in this cause was rendered April 13, 1965. Rule 458, Texas Rules of Civil Procedure, provides that a motion for rehearing must be filed within 15 days from the date of judgment. Under this rule, appellant should have filed his motion for rehearing on or before April 28,1965.
Rule 5, T.R.C.P. provides as follows:
“When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may, at any time in its discretion (a) with or without motion or notice, order the period enlarged if application therefor is made before the expiration of the period originally prescribed or as extended by a previous order; or (b) upon motion permit the act to be done after the expiration of the specified period where good cause is shown for the failure to act; but it may not enlarge the period for taking any action under the rules relating to new trials or motions for rehearing except as stated in the rules relating thereto or the period for taking an appeal or writ of error from the trial court to any higher court or the period for application for writ of error in the Supreme Court, except as stated in the rules relating thereto; provided, however, if a motion for new trial, motion for rehearing, any matter relating to taking an appeal or writ of error from the trial court to any higher court, or application for writ of error is sent to the proper clerk by first-class United States mail in an envelope or wrapper properly addressed and stamped and is deposited in the mail one day or more before the last day for filing same, and the envelope or wrapper containing same bears a postmark showing such deposit, the same, if received by the clerk not more than ten days tardily, shall be filed by the clerk and be deemed filed in time.” (Emphasis added.)
Rule 5 and Rule 458 with respect to motions for rehearing and providing for mailing a motion are mandatory. Davis v. Brotherhood of Ry. Carmen of America, Tex.Civ.App., 272 S.W.2d 938, no writ (1955).
Appellant on April 29, 1965, addressed a letter to the clerk of this court, enclosing a motion to allow the late filing of appellant’s motion for rehearing in this case, which motion for late filing was received and filed by the clerk of this court on April 30th, 1965. The grounds set up in said motion to file are essentially as follows: That on April 27, 1965, appellant’s attorney mailed a motion for rehearing and two copies of same by proper mail which was postmarked April 27, 1965, and which was addressed to the clerk of this court. However, the address was incorrect in that the envelope was addressed to the clerk of this court at the city of “Dallas”, Texas, instead of the proper address, “Texarkana”, Texas. The said letter was not delivered to the clerk of this court, but was returned by the postal services to appellant’s attorney and he received the same on April 29, 1965. Then, as above stated, said attorney on April 29, 1965, mailed the motion for rehearing with two copies thereof to the clerk of this court and mailed in connection therewith his motion for permission to file the motion for rehearing and has requested this court to liberally interpret Rule 5, T.R.C.P., so as to permit the filing of his motion for rehearing.
The envelope which bore a postmark of April 27th, 1965, addressed to the Clerk of this Court at “Dallas, Texas” did not reach the clerk of this court. Rule 5 requires a proper address. The envelope postmarked April 27, 1965, was improperly addressed *517and was not in compliance with Rule 5, T. R.C.P.
The motions for rehearing mailed on April 29th, 1965, were mailed too late. Since Rules 5 and 458, T.R.C.P., are mandatory with respect to motions for rehearing, we have no discretion to allow the late filing of appellant’s motion for rehearing. We must therefore overrule appellant’s motion to file his motion for rehearing. In this connection see the following authorities: Reynolds v. Dallas County, 146 Tex. 372, 207 S.W.2d 362 (1948); Thomas v. Thomas, Tex.Civ.App., 228 S.W.2d 548, no writ (1950); Davis v. Brotherhood of Railway Carmen of America, Tex.Civ.App., 272 S.W.2d 938, no writ (1955); Bell, et al. v. Rains County, Texas, Tex.Civ.App., 326 S.W.2d 189, no writ (1959).
Appellant’s motion to file his motion for rehearing is overruled.