B. & M. MACHINE CO. v. Avionic Enterprises, Inc.

ON APPLICATION FOR WRIT OF ERROR

B. & M. Machine Company instituted this suit against Avionic Enterprises, Inc. alleging breach of contract. The court of civil appeals dismissed B. & M.’s appeal for want of jurisdiction because B. & M. failed to post a cost bond within thirty days of the first judgment. 561 S.W.2d 558. On April 14, 1977, the trial court rendered its first judgment, headed “Final Judgment.” On April 29, 1977, the court rendered a second judgment, headed “Amended Judgment.” On May 5, 1977, the trial court filed its findings of fact and conclusions of law which specifically noted…