Magic Valley Produce Co. v. Baldridge

This is a motion to dismiss an appeal, filed by the appellees questioning the jurisdiction of the Court of Civil Appeals. The motion is based essentially upon two grounds. 1) That the appellant failed to file its appeal bond within thirty days after rendition of judgment, (Rule 356(a), Texas Rules of Civil Procedure) and 2) that appellant failed to file its transcript with the clerk of this Court within sixty days from rendition of judgment as prescribed by Rule 386, T.R.C.P.

The written draft of the judgment does not state therein the date the instrument was signed by the trial judge. A…