Walkup v. Thompson

OPINION

Judgment in the above cause was signed on September 17, 1985. A timely motion for new trial was filed by appellant, K.C. WALKUP, on October 14, 1985, and was overruled in a written order, by the trial court on November 4, 1985. Pursuant to TEX.R.CIV.P. 356(a), a bond for costs on appeal shall be filed with the clerk within ninety days after the judgment is signed if a timely motion for new trial has been filed. The cost bond in this cause was due to be filed on December 16, 1985, but was not filed until December 17, 1985.

Pursuant to TEX.R.CIV.P. 388, notice of the defect in the record…