Home Insurance Co. v. Espinoza

OPINION ON MOTION FOR REHEARING

Appellant has filed a motion for rehearing of our denial of its motion for extension of time to file cost bond.

*46Appellant relies on the case of Onoray Davis Trucking Co., Inc. v. Lewis, 635 S.W.2d 622 (Tex.App.—Houston [14th Dist.] 1982, writ filed) for the proposition that a cost bond filed in the wrong court constitutes “reasonable explanation” for the late filing of the cost bond and that therefore, the same reasoning should apply where the cost bond is not timely filed because of counsel’s mistake as to the requirements of the appellate rules.

Appellants…