Rebecca C. Gallardo v. Hartford Accident and Indemnity Company

• Court: Court of Appeals of Texas
• Decided: June 19, 1997
• Docket: 03-97-00193-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-97-00193-CV

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Rebecca C. Gallardo, Appellant

v.

Hartford Accident and Indemnity Company, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 353RD JUDICIAL DISTRICT

NO. 489,064, HONORABLE MARY PEARL WILLIAMS, JUDGE PRESIDING

PER CURIAM

Appellant Rebecca C. Gallardo, seeking to appeal the trial court's judgment in favor of appellee Hartford Accident and Indemnity Company, asks this Court to extend the time to file her cost bond. See Tex. R. App. P. 41(a)(2). Following the trial court's judgment, Gallardo timely filed an affidavit of inability to pay costs on appeal. See id. 40(a)(3)(A), 41(a)(1). Hartford contested Gallardo's affidavit and the trial court, after a hearing, ordered Gallardo to post a bond within ten days. See id. 40(a)(3)(F), 41(a)(2).

The ten days expired on April 14, 1997, and within fifteen days thereafter, Gallardo moved this Court to extend the time to file her bond an additional forty-three days. See id. 41(a)(2). To obtain an extension of time, however, Gallardo was also required to file a cost bond in the trial court within fifteen days of April 14. Id. Although the Clerk of this Court requested Gallardo to submit a supplemental transcript showing that a cost bond was timely filed, Gallardo has not complied.

The rules for perfecting an appeal are mandatory and jurisdictional, and compliance with them cannot be waived. Alvarado v. State, 656 S.W.2d 611, 612 (Tex. App.--San Antonio 1983, no writ). Failure to comply requires us to dismiss the appeal. Id. Because the fifteen-day grace period for filing a cost bond has expired and cannot be extended, we are without jurisdiction over the appeal. We therefore overrule Gallardo's motion to extend time to file a cost bond and grant Hartford's motion to dismiss the appeal for want of jurisdiction. Tex. R. App. P. 60(a)(2). We dismiss Gallardo's extension motion to file the transcript and statement of facts.

Before Justices Powers, Jones and Kidd

Dismissed for Want of Jurisdiction on Appellee's Motion

Filed: June 19, 1997

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