Cook v. Walker
In Cook v. Walker, 529 S.W.2d 762 (Tex. 1975), the licensee appealed an administrative order canceling his licenses.
The district court stayed the suspension order pending the trial and set that trial for over a month later. Walker, 529 S.W.2d at 762.
The Court held that Spears governed, and therefore, the licensee lost his right to an appeal in the district court ten days after he filed the appeal.
However, rather than denying mandamus relief as in Spears, the Walker Court issued mandamus relief and ordered the district court to set aside its order staying the Commission's decision and to proceed to judgment approving the Commission's order. Walker, 529 S.W.2d at 763.