Verburgt v. Dorner

in which PHILLIPS, Chief Justice, GONZALEZ, HECHT and OWEN, Justices, join.

In this ease, we decide whether the court of appeals erred in dismissing an appeal for want of jurisdiction. The appellant, John Verburgt, filed a cost bond on the thirty-fourth day after the trial court rendered judgment against him. Verburgt mistakenly believed that he had timely complied with Rule 41(a)(1) of the Rules of Appellate Procedure in filing the bond and did not concurrently move to extend the time to file under Rule 41(a)(2).1 We hold that a motion for extension of time is implied when a party, acting…