Hexcel Corp. v. Conap, Inc.

OPINION ON MOTION TO DISMISS APPEAL

KELTNER, Justice.

B.F. Goodrich filed a motion to dismiss the appeal of Hexcel Corporation for Hex-cel’s failure to give notice of filing of its cost bond in violation of TEX.R.APP.P. 46(d).

We grant the motion to dismiss.

The facts in this case are typical of a growing problem facing appellate courts. The record is clear that required notice of filing the cost bond was not timely given by Hexcel (appellant).

In 1979, the plaintiff, Betty Kirkpatrick, joined by her husband, James Kirkpatrick, (not a party to this appeal), brought suit against Hexcel Corporation,…