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MILLER v. HERNANDEZ

No. 05-85-01397-CV.

708 S.W.2d 25 (1986)

Robert B. MILLER, Appellant, v. Frank P. HERNANDEZ, Appellee.

Court of Appeals of Texas, Dallas.

March 17, 1986.

Attorney(s) appearing for the Case

Lana Johnston, Dallas, for appellant.

Boyd Waggoner, Valli Jo Rowley, Dallas, for appellee.

Before GUITTARD, C.J., and McCRAW and STEWART, JJ.

GUITTARD, Chief Justice.

Appellee Frank P. Hernandez has filed a motion to dismiss this appeal for want of jurisdiction, contending that appellant Robert B. Miller failed to file his cost bond within the time allowed by rule 356(a).1 We hold that the bond was timely and thus that we have jurisdiction of the appeal.

The trial court signed the first judgment in this case in favor of Hernandez on August 30, 1985. Then, on September...

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