Neuhoff Bros., Packers v. Acosta

The Court of Civil Appeals dismissed the attempted appeal of Neuhoff Bros., Packers, because an appeal bond was not timely filed. Neuhoff Bros., Packers v. Acosta, 319 S.W. 2d 416.

In determining the correctness of this action it is necessary to construe that part of Rule 356, Texas Rules of Civil Procedure, which reads as follows:

“Whenever a bond for costs on appeal is required, the bond shall be filed with the Clerk within thirty days after rendition of judgment or order overruling motion for new trial.”

The controlling question may be stated as follows:

In determining the time for filing an…