Stokes v. Aberdeen Insurance Co.

John Jay Stokes, Gem Stokes, and Stokes Properties, Inc. seek reversal of the dismissal of their appeal. They argue that the court of appeals erroneously held they filed their appeal bond late. The issue is the construction of Rule 5 of the Texas Rules of Civil Procedure and Rule 4(b) of the Texas Rules of Appellate Procedure.

The trial judge signed a summary judgment against the Stokes on June 16, 1994. However, the district clerk’s postcard notice to the Stokes erroneously stated the date was June 19, 1994. On Monday July 18, the Stokes forwarded their motion for new trial to the district…