Talley v. Talley

OPINION

Appellant attempted to perfect her appeal by timely filing an affidavit in lieu of cost bond pursuant to Rule 355, T.R.C.P. Appellee contested within seven days. No hearing was held nor ruling made within 30 days of judgment. On the 32nd day following judgment, a hearing was held concerning the affidavit and contest. Four days later the trial judge signed an order sustaining the objection and quashing the pauper’s affidavit. A regular bond was ultimately filed 42 days following judgment.

Appellee filed a motion to dismiss the cause for want of jurisdiction. Appellant filed a brief…