South Padre Development Co. v. Realty Growth Investors

OPINION

BISSETT, Justice.

The question to be determined is whether, under Rule 386, T.R.C.P., the record in this case was timely, filed in this Court.

Final judgment was rendered on June 2, 1976. South Padre Development Company, Inc., et al. (SPDC), plaintiffs in the trial court, and American General Life Insurance Company (AGLIC), a defendant in the court below, each gave notice of appeal and timely filed appeal bonds. Realty Growth Investors (RGI), also a defendant in the trial court, did not appeal.

AGLIC filed a motion for new trial on June 14, 1976, which was later amended. The motion, as…