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BOATNER v. AETNA CASUALTY & SURETY INS. CO.

No. 20688.

518 S.W.2d 876 (1975)

Lem L. BOATNER, Appellant, v. AETNA CASUALTY & SURETY INSURANCE COMPANY, Appellee.

Court of Civil Appeals of Texas, Dallas.

January 9, 1975.

Attorney(s) appearing for the Case

Wilson F. Walters, Walters & Reed, Denison, for appellant.

Rayburn M. Nall, Elliott & Nall, Sherman, for appellee.

GUITTARD, Justice.

In this case we hold that we have no jurisdiction of the appeal because no notice of appeal was given within the ten-day period prescribed by Texas Rules of Civil Procedure, rule 353(a).

The transcript tendered for filing contains an order overruling appellant's motion for new trial signed October 16, and also contains plaintiff's notice of appeal filed November 8. In a letter to our clerk, which...

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