Dawson v. First Continental Real Estate Investment Trust

EVANS, Justice.

The appellee has moved to dismiss the appeal, asserting that the appellants’ cost bond was not timely filed. The appellants oppose the motion to dismiss contending that their bond for costs was filed within thirty days after rendition of the second of two orders signed by the trial court overruling their motion for new trial.

The appellants’ motion for new trial was filed May 3, 1979, and attached to the motion was a form to be completed by the trial court, either granting or denying the motion for new trial. On May 29, 1979, the trial judge signed and dated this form of order,…