RISHER v. RISHER

No. 19067.

547 S.W.2d 292 (1977)

Mary Jo RISHER, Appellant, v. Douglas RISHER, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied February 18, 1977.


Attorney(s) appearing for the Case

Frank W. Stenger, Mauzy & Stenger, Dallas, for appellant.

Mike McCurley, McGuire, Levy, Collins & McCurley, Irving, Barton E. Bernstein, Dallas, Ad Litem, for appellee.


GUITTARD, Chief Justice.

Appellee has moved to dismiss this appeal for lack of jurisdiction because the original motion for new trial was overruled by the court before the amended motion was filed and no appeal bond was filed within thirty days from that date. The problem arises from the trial judge's attempt to set aside the order overruling the original motion on the same date that it was signed and entered, but without signing a formal order setting it aside. We...

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