Legal Opinion

Fite v. Johnson

Texas Court of Appeals, 5th District (Dallas)

Decided June 16, 1983No. 05-83-00560-CVPublishedCited by 14 opinions

1Opinion of the Court

AKIN, Justice.

Monte Fite appeals from a judgment rendered against him in the county court. Peggy Johnson, the appellee, moves to dismiss the appeal, contending that we lack jurisdiction over this case since the appeal bond was not timely filed. Because we agree with Johnson, we grant the motion and dismiss the appeal.

The judgment was signed on March 3, 1983. No motion for new trial was filed. Pursuant to Tex.R.Civ.P. 356(a), the bond was due on April 4, 1983, but no bond was filed by that date. However, on April 15, within the fifteen-day period allowed by Rule 356(b), Fite filed in the trial…

2Cases cited4 opinions

  1. Bean v. Hardware Mutual Casualty CompanyCourt of Appeals of Texas · 1961
  2. First National Bank of Decatur v. Preston National BankCourt of Appeals of Texas · 1893
  3. Zidell v. NHP Real Estate Co.Court of Appeals of Texas · 1982
  4. Estes v. EstesCourt of Appeals of Texas · 1909

3Cited by14 opinions

  1. Qwest Microwave, Inc. v. Bedard, Texas Court of Appeals, 5th District (Dallas)1988
  2. City of Lancaster v. Texas Natural Resource Conservation CommissionCourt of Appeals of Texas · 1996
  3. Wilson v. Kutler, Texas Court of Appeals, 5th District (Dallas)1998
  4. In re J.A.Court of Appeals of Texas · 2001
  5. Pollak v. Metroplex Consumer Center, Inc., Texas Court of Appeals, 5th District (Dallas)1986

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