Miller v. Hernandez

GUITTARD, Chief Justice.

Appellee Frank P. Hernandez has filed a motion to dismiss this appeal for want of jurisdiction, contending that appellant Robert B. Miller failed to file his cost bond within the time allowed by rule 356(a). 1 We hold that the bond was timely and thus that we have jurisdiction of the appeal.

The trial court signed the first judgment in this case in favor of Hernandez on August 30, 1985. Then, on September 30, within the thirty days prescribed by rule 329b(a), Miller filed a motion for new trial. On November 8, acting within its plenary power, the trial court signed a…