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PUCKETT v. FRIZZELL

No. A-11204.

402 S.W.2d 148 (1966)

Homer PUCKETT et ux., Petitioners, v. W. A. FRIZZELL, Respondent.

Supreme Court of Texas.

Rehearing Denied May 18, 1966.

Attorney(s) appearing for the Case

Pope & Heitler, Tyler, for petitioners.

Ben Goodwin, Tyler, for respondent.

GREENHILL, Justice.

The only question before us is whether the Court of Civil Appeals sitting at Tyler correctly dismissed the appeal in this case. That court, with one judge dissenting, held that the appeal bond had not been filed in time in the trial court and that the record had not been filed in time in the Court of Civil Appeals. 396 S.W.2d 245. We hold that the appeal should not have been dismissed, and the cause will be returned...

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