Albaugh v. State Bank of La Vernia

OPINION

The final judgment in this case was signed on March 30, 1979. Under Rules 354, 356 and 385, appellant was required to file an appeal bond within thirty days after the date of the judgment. 1 Since the 30th day was a Sunday, the last day for timely filing of the bond was Monday, April 30. Rule 4.

On May 24, 1979, within the sixty-day period prescribed by Rules 385 and 386, appellant tendered the transcript to the clerk of this Court for filing. The transcript showed that the appeal bond was filed on May 3, 1979, after the expiration of the thirty-day period prescribed by the rules. The…