ON REHEARING
Appellant asserts in his motion for rehearing that there is a conflict between the opinion in Briscoe v. Gulf Supply Co., Inc., 612 S.W.2d 88 (Tex.Civ.App.—Fort Worth 1981, writ ref’d n.r.e.), and the opinion in State v. Whittaker, 617 S.W.2d 304 (Tex.Civ.App.—Tyler 1981, no writ). We agree that there is a conflict in these decisions, but we will follow Briscoe for the reasons stated in our original opinion and the additional reasons stated by this court in B. D. Click Company, Inc. v. Safari Drilling Corporation, No. 5647 (Tex.Civ.App.—Eastland, August 28, 1981) (not yet reported).
Safari reviews the applicable Rules of Civil Procedure and quotes Tex.R.Civ.P. 437 which provides:
(T)he court may make no enlargement of time prohibited by Rule 5 nor any enlargement of the time for filing transcript and statement of facts except pursuant to Rule 21c.
The motion for rehearing is overruled.