Ware v. Ware

1 Citing case

  1. Allen v. Heuermann

    444 S.W.2d 646 (Tex. Civ. App. 1969)   Cited 1 times

    One ground of the motion was the failure to timely perfect an appeal. Again in the motion for new trial appellants urged that appellees had failed to perfect an appeal; that the order approving the final account had become final, and that the District Court had no jurisdiction to entertain the appeal. The District Court erred in overruling appellants' plea in abatement and in assuming jurisdiction of the purported appeal. Appellees failed to comply with the mandatory provisions of the rules relating to the time allowed for filing of the notice of appeal and the appeal bond. Roberts v. Roberts, 405 S.W.2d 211, 18 A.L.R.3d 599 (Tex.Civ.App. — Waco, 1966, writ ref., n.r.e.); Ware v. Ware, 403 S.W.2d 227 (Tex.Civ.App. — Eastland, 1966); Farley v. Cook, 402 S.W.2d 779 (Tex.Civ.App. — Texarkana, 1966). This was an appeal from the order approving the final account rendered on June 26, 1967. Rule 332, Texas Rules of Civil Procedure, requires that notice of appeal be given or filed within ten days from the date of rendition of the order appealed from and requires that the notice identify such order, decision, decree, or judgment.