ON MOTION FOR REHEARING
Appellant (although alternatively seeking a remand in his brief) vigorously takes us to task for ordering a remand of this case rather than dismissing it. He claims that we are powerless to remand this case in the interest of justice.
The Supreme Court of Texas in the case of Waggoner v. Herring-Showers Lumber Co., 120 Tex. 605, 40 S.W.2d 1, on page 4 (1931) states:
"Under this (statute) we have held that we will remand rather than render final judgment, where justice will probably be better subserved. Faulkner v. Reed (Tex.Com.App.) 241 S.W. 1002. This rule is followed even in cases where the Supreme Court has power under the facts to reverse and dismiss the case. Faulkner v. Reed, supra; Green v. Rugely, 23 Tex. 539; Zwernerman v. Rosenberg (Tex.Sup.) 11 S.W. 150”.
The Court of Civil Appeals has the same authority under Tex.R.Civ.P. 434 that the Supreme Court had under the former statute and has under the present Rule 505. See Morrow v. Shotwell, 477 S.W.2d 538 (Tex.Sup.1972).
The motion for rehearing is overruled.