Lucchese v. Specia

Appellee has filed a motion to affirm on certificate because appellants did not file their appeal bond within thirty days after their amended motion for a new trial was overruled by operation of law, Rule 356, Texas Rules of Civil Procedure; and did not file the record in this Court or a proper motion for extension of time within the period prescribed by Rule 386.

The record shows that appellants’ amended motion for a new trial was overruled by operation of law on May 1, 1955. Rule 329-b, T.R.C.P.; Dallas Storage & Warehouse Company v. Taylor, 124 Tex. 315, 77 S.W.2d 1031. The order entered by…