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  5. 813 S.W.2d 499 (1991)
 

GRAND PRAIRIE SCH. DIST. v. SOUTHERN PARTS IMPORTS, INC.

No. D-0848.

813 S.W.2d 499 (1991)

GRAND PRAIRIE INDEPENDENT SCHOOL DISTRICT and City of Grand Prairie, Petitioners, v. SOUTHERN PARTS IMPORTS, INC. d/b/a Southern Volks, Heller Financial, Inc. f/k/a Texas Heller Western, Inc., Willard Crotty, Southern Volks, Inc. and Steven Larkin, Respondents.

Supreme Court of Texas.

Rehearing Overruled September 11, 1991.

Attorney(s) appearing for the Case

Linda Tyson, Michael Kelly, Michael Jarrett, John Wright, Grand Prairie, for petitioners.

Maureen Armour, Phillip C. Umphres, Gary M. Pridavka, Robert D. Cohen, Harry J. Martin, Dallas, for respondents.

PER CURIAM.

This case presents the question whether a court of appeals may dismiss an appeal when the appellant files a notice of appeal, but should have filed an appeal bond, in order to perfect the appeal. The Grand Prairie Independent School District and the City of Grand Prairie timely filed a notice of appeal under Texas Rules of Appellate Procedure 40(a)(2).1 The court of appeals dismissed Grand Prairie Independent

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