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TATE v. E.I. DuPONT DE NEMOURS & CO.

No. 96-0153.

934 S.W.2d 83 (1996)

Leonor Ortiz TATE, individually, and on behalf of the Estate of Larry Wayne Tate, deceased, Petitioner v. E.I. DuPONT de NEMOURS & COMPANY, INC., Respondent

Supreme Court of Texas.

November 15, 1996.

Attorney(s) appearing for the Case

J. Norman Thomas, Corpus Christi, for petitioner.

Richard A. Sheehy, Warren Reid Williamson, Donald B. McFall, Houston, for respondent.

PER CURIAM.

We must decide whether a motion for new trial timely presented to the district clerk without the required filing fee extends the appellate timetable, where the movant pays the filing fee after the motion is overruled by operation of law but before the trial court loses plenary jurisdiction. The court of appeals, holding that the appellate timetable was not extended, dismissed the appeal for want of jurisdiction. 709 S.W.2d 281

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