Curtis v. Carey

Appellee has filed a motion to dismiss this appeal for want of jurisdiction which must be sustained.

The judgment was rendered on November 7, 1963. On December 6, 1963, twenty-nine days thereafter, original motion for new trial was filed and no action was taken thereon. On the last mentioned date notice of appeal was filed for the first time. On December 24, 1963, forty-seven days after the judgment, an appeal bond was filed by appellant.

It thus appears that notice of appeal was not filed within ten days of the judgment under Rule 353, Texas Rules Civil Procedure, and appellant’s appeal bond…