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CLIFTON v. HAYMES

No. 5498.

608 S.W.2d 272 (1980)

Bobby Dunman CLIFTON et al. v. C. E. HAYMES et al.

Court of Civil Appeals of Texas, Eastland.

October 16, 1980.

Attorney(s) appearing for the Case

Willis T. Taylor, Dallas, David Hamilton, Law Offices of Russell Busby, Amarillo, for appellants.

Donald M. Hunt, Key, Carr, Evans & Fouts, Michael Worley, McCleskey, Harriger, Brazill & Graf, Lubbock, for appellees.

DICKENSON, Justice.

Defendants' motion to dismiss this case for want of prosecution did not rely upon Tex.R.Civ.P. 165a. It was granted on May 18, 1979. One plaintiff's motion for reinstatement pursuant to Rule 165a was filed on August 13, and the other plaintiff's motion was filed on August 14. Both were denied on August 15. Plaintiffs' appeal bond was filed on September 12. Defendants insist that the appeal must be dismissed because the bond was not timely filed...

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