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WILCOX v. SEELBINDER

No. 08-92-00342-CV.

840 S.W.2d 680 (1992)

Charles WILCOX and J.W. Hantersley, Appellants, v. Oscar W. SEELBINDER, Jr., Individually and as Trustee for SMPO, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled November 18, 1992.

Attorney(s) appearing for the Case

Bill Davis, Lubbock, for appellants.

Don Dennis, Lubbock, Jimmy L. Ross, Dimmitt, for appellee.

Before OSBORN, C.J., and KOEHLER and BARAJAS, JJ.

OPINION

PER CURIAM.

This case presents yet another question of whether a court of appeals may dismiss an appeal when an appellant files a notice of appeal, but should have filed an appeal bond in order to perfect the appeal. We find, under the limited facts and circumstances presented in the instant case, that this Court may do so and accordingly dismisses the appeal.

I. PROCEDURAL HISTORY

Judgment in the instant cause was entered on June...

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