Texas Gulf Coast Construction Co. v. Houston Shell & Concrete

PEDEN, Justice.

Appeal from the granting of a motion for summary judgment in favor of plaintiff Houston Shell and Concrete in a suit on a sworn account.

The appellee has filed a motion to dismiss the appeal on the ground that notice of appeal was not timely given under the provisions of Rule 353, Texas Rules of Civil Procedure. We grant the motion and order the appeal dismissed.

Appellee had intervened in a suit filed by the appellant against other parties. Ap-pellee sought to recover for sand and concrete allegedly delivered to the appellant and for other relief. Appellee’s motion for summary…