IN THE
TENTH COURT OF APPEALS
No. 10-91-068-CV
DAN WAGNON,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the County Court
Robertson County, Texas
Trial Court # 90-8CV
O P I N I O N
This appeal arose from a judgment signed by the court on January 29, 1991. Trial of the case on the merits took place on October 2, 1990. A motion for new trial was filed several months before the judgment was signed, and the order denying a new trial was signed by the County Judge on October 24. The cost bond perfecting this appeal was filed on February 14, 1991. The transcript was received in this court on April 23 and the statement of facts on June 3. Appellant did not file a motion for extension of time in which to file the statement of facts. See id. at 54(c).
The State has filed a motion to dismiss the appeal or to affirm the judgment, asserting that the premature filing of the motion for a new trial, which was denied by a signed order prior to the date the judgment was signed, was ineffective under Rule 306c to extend the time for filing the record from 60 to 120 days. See Tex. R. Civ. P. 306c. If the State is correct, then the record was due in this court no later than April 1; otherwise the record was due on May 29. See Tex. R. App. P. 54(a).
Whether or not the time to file the record was extended to 120 days, Appellant did not timely file the statement of facts. See id. The State's motion is granted and the appeal is dismissed. See Tex. R. App. P. 54(a), 60(a)(1).
PER CURIAM
Before Chief Justice Thomas,
Justice Cummings and
Justice Vance
Appeal dismissed
Opinion delivered and filed January 8, 1992
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