Sloan v. Passman

AKIN, Justice.

This is a motion filed by appellant seeking to extend under Tex.R.Civ.P. 21c the time for filing the transcript beyond sixty days from the date of judgment as required by Tex.R.Civ.P. 386.

Rule 386 provides:

In appeal or writ of error the appellant shall file the transcript . . . with the clerk of the Court of Civil Appeals within sixty days from the rendition of the final judgment or order overruling motion for new trial, or perfection of writ of error. [Emphasis added.]

We construe this language as mandatory rather than directory. This language is modified, however, by rule 21c,…