VERBURGT v. DORNER

No. 96-1026.

959 S.W.2d 615 (1997)

John VERBURGT, individually and a/n/f of Thomas Verburgt, Timothy Verburgt and Joseph Verburgt, Petitioners, v. Patricia M. DORNER and the Methodist Mission Home, Respondents.

Supreme Court of Texas.

Decided December 4, 1997.

Rehearing Overruled February 13, 1998.


Attorney(s) appearing for the Case

Jaay D. Neal, San Antonio, for Petitioners.

Edward C. Mainz, Jr., San Antonio, Laurence E. Best, Steven D. Naumann, Houston, for Respondents.


SPECTOR, Justice, delivered the opinion of the Court, in which PHILLIPS, Chief Justice, GONZALEZ, HECHT and OWEN, Justices, join.

In this case, we decide whether the court of appeals erred in dismissing an appeal for want of jurisdiction. The appellant, John Verburgt, filed a cost bond on the thirty-fourth day after the trial court rendered judgment against him. Verburgt mistakenly believed that he had timely complied with Rule 41(a)(1) of the Rules of Appellate Procedure...

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