Alejo v. Pellegrin, 16768
| Decision Date | 08 April 1981 |
| Docket Number | No. 16768,16768 |
| Parties | Esteban ALEJO, M.D., Appellant, v. A. G. PELLEGRIN, M.D., Appellee. |
| Court | Texas Court of Appeals |
Defendant, Esteban Alejo, M.D., seeks review by writ of error of a summary judgment rendered against him and in favor of plaintiff, A. G. Pellegrin, M.D., by the 111th Judicial District Court of Webb County.
The summary judgment was signed on July 23, 1980. Defendant timely filed an appeal bond and attempted to seek review of the judgment by appeal. On October 22, 1980, this court denied defendant's motion for extension of time to file the transcript and dismissed the appeal. The mandate was issued by the clerk of this court on January 7, 1981.
On January 19, 1981, within six months after rendition of the final judgment on July 23, 1980, defendant filed a petition for writ of error and an instrument designated as a "supersedeas bond." This bond recited that defendant desired to suspend execution of the judgment pending determination of the petition for writ of error and was conditioned "that Petitioner shall abide by the decision of the court on the Petition for Writ of Error; and in case the decision shall be against him, he shall perform its judgment, sentence of (sic) decree, and pay all such damages as said court may award against him."
On January 29, 1981, defendant filed an instrument designated "bond", conditioned that "Petitioner shall prosecute his Writ of Error with effect and pay all costs which have been accrued in the Trial Court."
Plaintiff argues that since no cost bond was filed until January 29, 1981, and the writ of error was not perfected within six months after the July 23, 1980, judgment, as required by Article 2255, Tex.Rev.Civ.Stat.Ann. (Vernon 1971), this court must dismiss the petition for writ of error.
A supersedeas bond, if timely filed, may serve as a cost bond. While the bond filed on January 19 in this case does not contain language expressly obligating defendant and the sureties to pay all costs which have accrued in the trial court and the cost of the statement of facts and transcript, the undertaking by defendant and the sureties to perform the judgment of the appellate court clearly obligates them to pay such costs as are assessed against defendant by the appellate court, so that the absence of the language prescribed by Rule 354(a), Tex.R.Civ.P. (1980), is irrelevant. Cooper v. Bowser, 583 S.W.2d 805 (Tex.Civ.App. San Antonio 1979, no writ).
The bond filed on January 19, 1981,...
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Young v. Kilroy Oil Co. of Texas, Inc.
...to supersede was signed on June 23, 1982. A supersedeas bond, if timely filed, may serve as a cost bond. Alejo v. Pellegrin, 616 S.W.2d 331 (Tex.Civ.App.--San Antonio 1981, writ dism'd). Frank's has cited no case authority, and we find none, holding that the filing of a supersedeas bond per......
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Ramirez v. Lyford Consol. Independent School Dist.
...activities were not sufficient involvement in the trial to preclude writ of error appeal. Alejo v. Pellegrin, 616 S.W.2d 331, 332-333 (Tex.App.-San Antonio 1981, writ dism'd w.o.j.) (filing pleadings and giving notice of appeal); Stubbs v. Stubbs, 685 S.W.2d 643, 644-645 (Tex.1985) (filing ......
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Fears v. Mechanical & Indus. Technicians, Inc.
...does not constitute participation in the actual trial as contemplated by Art. 2249a. See, Alejo v. Pellegrin, 616 S.W.2d 331, 332 (Tex.Civ.App.--San Antonio 1981, writ dism'd); Thacker v. Thacker, supra at 203; Petroleum Casualty Co. v. Garrison, 174 S.W.2d 74, 76 (Tex.Civ.App.--Beaumont 19......
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Mays v. Perkins, 01-95-01395-CV
...141, 144 (Tex.App.--Amarillo 1983, no writ) (taking part in preliminary trial proceedings); Alejo v. Pellegrin, 616 S.W.2d 331, 332-33 (Tex.Civ.App.--San Antonio 1981, writ dism w.o.j.) (filing pleadings and giving notice of appeal); Adams v. Isbell, 615 S.W.2d 254, 256 (Tex.App.--Dallas 19......