Home Fund, Inc. v. Denton Federal Savings & Loan Ass'n

OPINION

BREWSTER, Justice.

This is an attempted appeal by the plaintiff, Home Fund, Inc., from a nunc pro tunc decree that was rendered in favor of the defendants in the case on November 29, 1971.

At the outset we are confronted with deciding the question of whether plaintiff has timely perfected an appeal from that nunc pro tunc decree as is required by the Rules of Civil Procedure.

It is undisputed that the appellant did not in fact give a notice of appeal or file an appeal bond herein or file a motion for new trial herein after the rendition of the nunc pro tunc decree on November 29, 1971. It…