Kunkel v. Bohuslav

PHILLIPS, Chief Justice.

The fundamental issue presented by this appeal is the construction of Rules 376 and 386, Texas Rules of Civil Procedure, and a determination of whether appellants’ motion for extension of time in which to file the transcript should be granted.

Final judgment and notice of appeal were entered on December 15, 1972. The record does not disclose that a motion for new trial was ever filed. Appellant, on January 12, 1973, timely deposited cash in lieu of an appeal bond. Subsequently, on February 8, 1973, 55 days after the entry of judgment, appellants filed with the clerk of…