D'Unger v. Timon

Court of Appeals of Texas

D'Unger v. Timon

260 S.W.2d 613, 1953 Tex. App. LEXIS 1948

CourtCourt of Appeals of Texas

DecidedAugust 12, 1953

DocketNo. 12616

StatusPublished

This text of 260 S.W.2d 613 (D'Unger v. Timon) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

D'Unger v. Timon, 260 S.W.2d 613, 1953 Tex. App. LEXIS 1948 (Tex. Ct. App. 1953).

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Opinion

PER CURIAM.

By order dated March 3, 1953, the trial court dismissed this cause. On March 6th, appellants filed a motion to set aside the order of dismissal. This motion was not acted upon within forty-five days after the same was filed and was accordingly overruled by operation of law on April 20th, Rule 330(j), Texas Rules of Civil Procedure. The court’s attempted action of April 28th, relating to the motion, was wholly ineffective. The appeal bond was not filed until May 26th, more than thirty days after April 20th, and this Court is consequently without jurisdiction of the appeal and it is accordingly dismissed. Rule 356, Texas Rules of Civil Procedure.

Appeal dismissed.

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PER CURIAM.

By order dated March 3, 1953, the trial court dismissed this cause. On March 6th, appellants filed a motion to set aside the order of dismissal. This motion was not acted upon within forty-five days after the same was filed and was accordingly overruled by operation of law on April 20th, Rule 330(j), Texas Rules of Civil Procedure. The court’s attempted action of April 28th, relating to the motion, was wholly ineffective. The appeal bond was not filed until May 26th, more than thirty days after April 20th, and this Court is consequently without jurisdiction of the appeal and it is accordingly dismissed. Rule 356, Texas Rules of Civil Procedure.

Appeal dismissed.

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Bluebook (online)

260 S.W.2d 613, 1953 Tex. App. LEXIS 1948, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunger-v-timon-texapp-1953.