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371 S.W.2d 416

Horner v. Seiders

Court of Appeals of Texas

Decided October 2, 1963

Court of Appeals of Texas · decided 1963-10-02

Good law ✅— No negative treatment on recordhow we know

Decided 1963-10-02

How this case has been cited

Cited by 10 later decisions — most recently February 1998

10 state decisions

401963197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1The uncontested motion of appellee to dismiss this appeal is granted.

¶2Final judgment was rendered herein May 9, 1963. No motion for new trial was filed until July 8, 1963. It was overruled on the same date.

¶3For a period of thirty days following the rendition of final judgment no action thereto was taken by any party or by the Trial Court.

¶4The filing of the motion for new trial after the expiration of thirty days from the date of the final judgment and the order overruling it were both ineffective to extend the Trial Court’s jurisdiction over such judgment beyond the thirty day period. Rule 329b, Texas Rules of Civil Procedure.

¶5The transcript and statement of facts were filed in this Court on September 6, 1963. This was more than sixty days from the date of the final judgment. Rule 386, T.R.C.P. They were therefore, inadvertently filed.

¶6The appeal is dismissed.

¶7Dismissed.

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