Voss v. Foster

COLLINGS, Justice.

Appellees herein have made a motion to this court to dismiss the appeal for want of jurisdiction, asserting that appellants failed to give notice of appeal within the time required by the Texas Rules of Civil Procedure.

The record shows that the judgment appealed from was dated and signed on July 27, 1970. The only notice of appeal was a written notice filed with the District Clerk on August 24, 1970.

Rule 353(a) of the Texas Rules of Civil Procedure provides that:

“(a) An appeal, when allowed by law, may be taken by notice of appeal (1) in open court, noted on the docket or…