Lopez v. Foremost Paving, Inc.

OPINION

The primary issue presented in appellant’s motion for extension of time in which to file her appeal bond is whether the 15-day extension provided in Rule 356(b) 1 applies to cost bonds filed after the sustaining of a contest of appellant’s affidavit of inability to pay the costs of the appeal.

Appellant filed a timely affidavit of inability to pay the costs of appeal, and the district clerk responded with a contest filed on January 25,1984. There is no indication in the record that notice of the filing of the affidavit was provided appellees as required by Rule 355(b). After a hearing…