dissenting.
Given the posture of the Texas Rules of Appellate Procedure in favor of the resolution of appeals on the merits, see Final approval of Revisions to the Texas Rules of Appellate Procedure § 8 (Vernon Supp. 1998), reinforced by the spirit of lenity embodied in the supremé court’s decision in Verburgt v. Dorner, 959 S.W.2d 615 (Tex.1997), I believe Ford should have been given the opportunity to amend his notice of appeal. Since the judgment call here invites equity, and the underlying cause of action involves an eviction, I respectfully dissent.