Vail v. First Gibraltar Bank, FSB

PRESUBMISSION OPINION ON MOTION TO DISMISS

McGARRY, Chief Justice.

Horace and Kathryn Vail appeal from a adverse judgment for First Gibraltar Bank FSB, BSB Realty, Inc. and Bern Mortberg. To perfect their appeal, the Vails elected to make a cash deposit in lieu of a surety bond. See Tex.R.App.P. 46(b), 48. The clerk thereupon filed his certificate showing that the deposit had been made. Tex. R.App.P. 46(b). However, the clerk’s certificate omitted Mortberg’s name as an appel-lee.

Mortberg has now filed a motion to be dismissed from the appeal, contending that the Vails failed to perfect their…