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DAVIS v. JEFFERIES

No. C-8162.

764 S.W.2d 559 (1989)

David B. DAVIS d/b/a Davis Motor Company, Petitioner, v. Bruce JEFFERIES d/b/a Jefferies Magic Motors, Respondent.

Supreme Court of Texas.

February 15, 1989.

Attorney(s) appearing for the Case

Michael P. O'Brien, Corpus Christi, for petitioner.

Ken Dahlberg and Wood & Burney, Corpus Christi, for respondent.

PER CURIAM.

At issue in this case is the necessity of amending a defective cost or supersedeas bond. In this case a supersedeas bond was filed. Because it was filed within the time prescribed for cost bonds, and because the bond was sufficient to secure the amount of the judgment and costs, it served both to suspend execution of the judgment and to perfect an appeal. Tex.R. App.P. 47(a). The court of appeals refused to require amendment of the defective bond.

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