Stephens v. Henry S. Miller Co.

Appellee Henry S. Miller Company has filed a motion to dismiss this appeal for failure to file a bond within the time prescribed by rule 356 of Texas Rules of Civil Procedure. Appellant Stephens, the plaintiff below, was awarded liquidated damages, interest and attorney fees. The judgment by implication denied appellant’s request for specific performance and his claims based on fraud, breach of fiduciary duty and negligence. After signing the judgment, the judge struck through his signature and the date, but later signed the same judgment again and gave it another date. Appellee argues that…