I dissent. I would dismiss the appeal. The final judgment in the case was signed and entered on March 22, 1965. Rule 306a, V.A.T.R.C.P. Devalia Lewis, Guardian of the person and estate of Elnora Bly, a person of unsound mind, did not come to file an appeal bond. Art. 2276, Vernon’s Ann. Tex.Civ.St. The transcript was requested on April 30, 1965. The time to file the transcript and statement of facts expired on May 21, 1965. On May 19, 1965, Elnora Bly, individually, a person of unsound mind, filed a motion in this court requesting an extension of time to file the statement of facts, transcript, and bill of exceptions. *897The motion, omitting the heading, reads as follows:
“TO SAID HONORABLE COURT:
“Appellant, Elnora Bly, in the above entitled and numbered cause, shows that she has taken an appeal from the judgment of the trial court rendered herein; that she has not filed the transcript and statement of facts therein with the Clerk of this Court within the sixty days required by the Rule; that, within this, a reasonable time, and not exceeding fifteen days after the expiration of such sixty day period, she makes this motion and shows that good cause existed, within such sixty-day period and to this date, why such transcript and statement of facts could not be so filed, viz: that the court reporter who reported the testimony and other proceedings in the trial of such cause has not been able, due to the volume of work which she has been required to do for the past several weeks, to prepare a transcript of the testimony and bills of exceptions as required by law, after due request therefor made by this appellant; that such cause will probably be removed within 30 days.
“Wherefore, movant prays that this Honorable Court permit such transcript, statement of facts and bills of exceptions to be filed as such time and upon such terms as it may prescribe.”
“Respectfully submitted, this 19th day of May, 1965.
/s/ Pat C. Beadle
Attorney for Appellant, Elnora Bly, Beadle Building, Clarksville, Texas”
The motion was not verified, and was not accompanied by a statement and/or affidavit from the District Clerk or the Court Reporter that they had been timely requested to prepare the transcript and statement of facts, and that they could not do so. We granted the motion on May 25, 1965 (on the 5th day after the motion was filed) in violation of Rule 409, V.A.T.R.C.P» The rule is as follows:
“Rule 409. Notice on Motions
“The clerk, upon filing and docketing a motion other than one for rehearing in any cause, shall, unless waived, give notice to the opposite party or his attorneys of record, by transmitting a brief notice of the nature or purpose of such motion to said party or his attorneys in the manner provided in Rule 411, and no such motion shall be heard or determined until ten days after such notice has been mailed. The ten days’ notice requirement may be disregarded by the court in cases of emergency.” (Emphasis added).
The Statement of Facts was not approved and certified to by the attorneys for appellant. Neither did they submit the statement of facts to the attorneys for the appel-lees to examine, approve and certify. The action taken by the attorneys for appellant is in violation of Rule 377(c), R.C.P., which reads as follows:
“(c) Promptly after notice of appeal is given and where a request is made of the official court reporter for the preparation of a transcript of all or any part of the evidence adduced on the trial of the.case, or whenever, with or without such a request, a statement of facts is filed or offered for filing by appellant, the appellant shall deliver or mail to the appellee or his counsel- and file with the clerk of the court a designation in writing of the portions of the evidence desired, and shall specify the portions desired in narrative form, if any, and the portions desired in question and answer form, if any, and the portions that are desired to be omitted. Within ten days thereafter any other party to the appeal may file a designation in writing of any additional portions of the evidence to be included, specifying the portions desired in narrative form, if any, and the *898portions desired in question and answer form, if any.”
The statement of facts was filed by the District Clerk on May 4, 1965. Under the Court Reporter’s signature, I find the following :
“Approved this the 3rd day of June, A.D. 1965.
/s/ Herbert Line
Judge Presiding
102nd Judicial District of Texas.”
There is NO certificate by the District Judge that the statement of facts constitutes a full, true and correct copy of the testimony adduced on the trial of the cause or, an order requiring the statement of facts to have been filed as part of the record in the case. Fellers v. Anco Sales Company (Tex.Civ.App., 1959) 327 S.W.2d 797; First National Bank of Bryan v. Roberts (Tex.Civ.App., 1955) 280 S.W.2d 788, W.R., N.R.E. The trial court was apparently trying to approve the statement of facts under Rule 377(d), R.C.S., which reads as follows:
“(d) Approval of Trial Court Unnecessary. It shall be unnecessary for the statement of facts to be approved by the trial court or judge thereof when agreed to by the parties. If any difference arises as to whether the record truly discloses what occurred in the trial court, or if the opposing party fails to agree or to disagree within ten days after being furnished with a copy of the proposed statement of facts, the matter shall be submitted to and settled by the trial court or judge thereof and the statement of facts be by him made to conform to the truth.”
In the original motion, which we granted erroneously, the appellant gave no good cause for the failure of the District Clerk to prepare and file the transcript within sixty days. Appellant tries to excuse himself by the fact that the trial judge extended the time in which to file the transcript and statement of facts until June 4, 1965. The District Judge could not extend the time for such action beyond the 60 day period that is required to file the transcript and statement of facts in this court. Rule 381, R.C.P. Since this court had notice that Elnora Bly was a person of unsound mind, we should not have considered the motion. The law is too well settled to require citing authorities.
I think the court’s action is in violation of Rule 385, R.C.P., because we did not require a showing of “good cause” as has been defined by the courts of this state. Matlock v. Matlock (Tex.Civ.App., 1951) 245 S.W.2d 536; Reversing 1952, 151 Tex. 308, 249 S.W.2d 587; Dellerman v. Trager (Tex.Civ.App., 1959) 327 S.W.2d 667, wr. dism’d; Carter v. City of Fort Worth (Tex.Civ.App., 1962) 357 S.W.2d 581; Taylor v. Federal Land Bank of Houston (Tex.Civ.App., 1965) 390 S.W.2d 477; Consolidated Casualty Insurance Co. v. Wade, (Tex.Civ.App., 1963), 373 S.W.2d 841. wr. dism.
This court is without jurisdiction.