Phipps v. Stewart

Court of Appeals of Texas

Phipps v. Stewart

572 S.W.2d 796, 1978 Tex. App. LEXIS 4095

CourtCourt of Appeals of Texas

DecidedOctober 12, 1978

DocketNo. 5950

StatusPublished

Cited by2 cases

This text of 572 S.W.2d 796 (Phipps v. Stewart) 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

Phipps v. Stewart, 572 S.W.2d 796, 1978 Tex. App. LEXIS 4095 (Tex. Ct. App. 1978).

Pincite

Opinion

[797]*797OPINION

PER CURIAM.

The trial court’s order overruling motion for new trial was signed and entered June 23, 1978. Therefore, Appellant had until not later than Monday, July 24, 1978, in which to file an appeal bond or cash deposit in lieu thereof. See Rule 356, Texas Rules of Civil Procedure.

Appellant filed a cash deposit in lieu of appeal bond on August 14,1978, same being 21 days late. Appellant’s failure to timely file said cash deposit in lieu of appeal bond deprives this court of jurisdiction except to dismiss the appeal. See Heldt Bros. Trucks v. Alvarez (San Antonio CA 1972) 477 S.W.2d 691, writ refused and the cases cited therein on page 693.

APPEAL DISMISSED.

Free access — add to your briefcase to read the full text and ask questions with AI