Garcia v. Kastner Farms, Inc.

OPINION

RAY, Justice.

The issue presented is whether Alfredo P. Garcia has reasonably explained his failure to timely file a cost bond for appeal. Tex.R.App.P. 41(a)(2). The court of appeals held he had not and dismissed Garcia’s appeal for want of jurisdiction. 761 S.W.2d 444. We reverse the judgment of the court of appeals and remand the cause to that court for further proceedings.

Garcia sued Kastner Farms, Inc. for breach of contract, and the trial court rendered judgment that Garcia take nothing. Because Garcia did not file a motion for new trial, the cost bond was due to be filed within…