Smith v. Dreyer

OPINION

CADENA, Chief Justice.

Appellant’s motion for extension of time to file the statement of facts is denied and the appeal is dismissed for want of jurisdiction due to appellant’s failure to timely file an appeal bond or a cash deposit in lieu of such bond.

Appellant’s motion for new trial was overruled on May 31, 1978. Appellant, therefore, was required to file an appeal bond or to make a cash deposit in lieu of such bond no later than June 30, 1978. Tex.R.Civ.P. 356. Appellant did not make the cash deposit to secure payment of costs on appeal until July 17, 1978.

On June 5, 1978, appellant…