Forrest v. Beynon
This text of 179 S.W.2d 355 (Forrest v. Beynon) 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
On September 7, 1943, the trial court rendered a judgment dismissing this cause.
On October 1, 1943, appellant filed a motion to set aside the order of dismissal, reinstate the cause and place the same upon the trial docket.
On October 21, 1943, appellant amended his motion.
On November 5; 1943, the trial court overruled appellant’s amended motion.
On December 4, 1943, appellant filed his appeal bond.
This case is controlled by Rule 330, Texas Rules of Civil Procedure, particularly subdivisions j, k and Z thereof. Rule 330 carries forward the provisions of Article 2092, Vernon’s Ann.Civ. Stats., now repealed, without substantial change, insofar as its provisions affect this appeal.
The trial court’s judgment of dismissal became final thirty days after September 7, 1943. The appeal bond was not filed within the time prescribed by the Rules of Civil Procedure, Rule 356. We have no jurisdiction to consider the appeal. De Leon v. Texas Employers’ Ins. Ass’n, Tex. Civ.App., 159 S.W.2d 574.
Appeal dismissed.
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Cite This Page — Counsel Stack
179 S.W.2d 355, 1944 Tex. App. LEXIS 644, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forrest-v-beynon-texapp-1944.