Tate v. E.I. DuPont De Nemours & Co.

We must decide whether a motion for new trial timely presented to the district clerk without the required filing fee extends the appellate timetable, where the movant pays the filing fee after the motion is overruled by operation of law but before the trial court loses plenary jurisdiction. The court of appeals, holding that the appellate timetable was not extended, dismissed the appeal for want of jurisdiction. 709 S.W.2d 281. Because we hold that the appellate timetable was extended under these circumstances, we reverse the judgment of the court of appeals and remand the cause to that court…