Roth v. Maryland American General Insurance Co.

On Motion to Dismiss Appeal.

This is an appeal from a judgment in the sum of. $50,288.01 entered on a jury verdict in appellee’s suit to recover damages from appellant. Appellee has filed its motion to dismiss this appeal for lack of jurisdiction, and as ground therefor asserts that appellant’s appeal bond, which was filed on September 20, 1969, was not timely filed.

Rule 356, Texas Rules of Civil Procedure, provides that the appeal bond shall be filed with the Clerk within thirty days after rendition of judgment or order overruling motion for new trial. This rule is mandatory and…