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  5. 785 S.W.2d 143 (1990)
 

BIFFLE v. MORTON RUBBER INDUSTRIES, INC.

No. C-9470.

785 S.W.2d 143 (1990)

Morris BIFFLE d/b/a The Innovators, Petitioner, v. MORTON RUBBER INDUSTRIES, INC., Respondent.

Supreme Court of Texas.

Rehearing Overruled April 5, 1990.

Attorney(s) appearing for the Case

R. Mike Borland, Midland, for petitioner.

Sandra K. Houston, Ft. Worth, for respondent.

PER CURIAM.

The issue in this case is whether a cost bond should be considered as timely filed when delivered to the clerk before the deadline for perfecting an appeal but where the clerk inadvertently failed to filemark it until after the deadline. Morris Biffle appealed from a judgment rendered against him. On November 6, 1989, the last day for filing a cost bond for his appeal, Biffle both had the bond delivered to the...

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