Florence v. First State Bank of Fate
This text of 60 S.W.2d 834 (Florence v. First State Bank of Fate) 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.
Opinion
The record in this case reveals that the judgment was rendered on the 8th day of June, 1932; that no motion for a new trial was filed; that on August 26th, a motion for permission to file the record was filed; that on August 30th an amended motion for the same purpose was filed; and that on September 10, 1932, leave to file after time was granted by the Dallas Court of Civil Appeals.
It thus appears that no cause was shown by appellant before the expiration of sixty days from the final judgment for not filing the transcript within the time fixed by article 1839, Rev. St., as amended by Acts 42d Leg. (1931) c. 66 (Vernon’s Ann. Oiv. St. art. 1839).
The action of the Dallas Court cff Civil Appeals in permitting the transcript to be filed Vas beyond the power of that court as held •by this court in Acola v. J. I. Case Co., 57 S.W.(2d) 196, and the transcript is ordered stricken from the record, and the appeal dismissed for failure of appellant to file the transcript within the time prescribed by the statute.
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Cite This Page — Counsel Stack
60 S.W.2d 834, 1933 Tex. App. LEXIS 751, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florence-v-first-state-bank-of-fate-texapp-1933.