Gill v. Rosas

OPINION

WOODARD, Justice.

This is an appeal from a summary judgment in favor of the Defendant below. We affirm.

Appellee, by cross-point, moves this Court to dismiss this case for want of jurisdiction. A first summary judgment was signed September 12, 1990. On September 28, a Motion for New Trial was filed. The new trial was granted, but a second summary judgment similar to the first was also granted on the same day, November 5,1990. Cost bond was filed on December 12, 1990, more than thirty days from the signing of the second judgment, but within ninety days thereof.

Tex.R.App.P. 41(a)(1)…