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WORTHEY v. FIRST STATE BANK

No. 5747.

549 S.W.2d 450 (1977)

J. D. WORTHEY, Appellant, v. FIRST STATE BANK, Milford, Texas, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied June 30, 1977.

Attorney(s) appearing for the Case

Glenn Hausenfluck, Fort Worth, for appellant.

Don Hancock, Italy, for appellee.

OPINION

McDONALD, Chief Justice.

Appellee Bank on April 11, 1977 filed its motion to affirm on certificate a summary judgment rendered by the trial court January 7, 1977. Attached was certified copy of the judgment (which appeared to be a final judgment on its face), and certified copy of the cost bond for appeal. The time for appellant to file transcript had expired by some 35 days. Thereafter, April 28, appellee filed in this court a transcript...

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