Park v. Essa Texas Corporation

In this case, involving a construction of the rules of Texas appellate civil procedure, the question is whether Park has lost his right of appeal because of . his failure to file the transcript of the record in the Court of Civil Appeals in time. That Court held that he had and dismissed his case. 306 S.W. 2d 383. We here reverse that judgment, reinstate Park’s appeal, and return the case to the Court of Civil Appeals for its consideration of the merits of the case.

In a non jury case, as this case is treated, a motion for new new trial is not prerequisite to appeal. Rule 324. 1 But the filing…