(Download) "Jones v. City of Houston" by Texas Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Jones v. City of Houston
- Author : Texas Supreme Court
- Release Date : January 25, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Former Rule 41(a)(1) of the Texas Rules of Appellate Procedure provided that to perfect an appeal in a civil case in which security for costs was required, "the bond or affidavit [of indigency] in lieu thereof shall be filed with the clerk . . . within ninety days after the judgment is signed if a timely motion for new trial has been filed by any party . . . ." Former Rule 41(a)(2) of the appellate rules provided that "[a]n extension of time may be granted by the appellate court for late filing of a cost bond or . . . affidavit, if such bond or . . . affidavit is filed not later than fifteen days after the last day allowed and, within the same period, a motion is filed in the appellate court reasonably explaining the need for such extension." In Verburgt v. Dorner, 959 S.W.2d 615 (Tex. 1997), we held that "a motion for extension of time is implied when a party, acting [in] good faith, files a cost bond within the fifteen-day period in which Rule 41(a)(2) permits parties to file a motion to extend." The same holding applies to an affidavit in lieu of bond, which is simply an alternate device for perfecting appeal under former Rule 41.