TIMELY LOGIN KIPPLA TRIAL
Austin 1993, writ denied) (unsworn motion for new trial filed within 30 days of the substituted date of judgment sufficient to extend the trial court's plenary power to consider sworn motion for new trial filed 31 days after substituted date of judgment for the purpose of conducting rule 306a(4) hearing). Vineyard On Lake Travis, 864 S.W.2d 170, 172 (Tex.App. proceeding) (unverified motion insufficient to invoke trial court's jurisdiction to conduct hearing pursuant to rule 306a(5)) but contra, Vineyard Bay Dev. Accord Barrasso, 886 S.W.2d at 816 Carrera v. We adhere to our previous holding in Montalvo and find that in order to reinvoke the trial court's plenary power under rule 306a, Koch was required to establish a prima facie case of jurisdiction in the trial court within thirty days of the substituted date of judgment, December 31, 1996.
Rule 306a must be construed together with rule 329b to implement the purpose for which both rules were enacted.
If within twenty days after the judgment or other appealable order is signed, a party adversely affected by it or his attorney has neither received the notice required by paragraph (3) of this rule nor acquired actual knowledge of the order, then with respect to that party all the periods mentioned in paragraph (1) shall begin on the date that such party or his attorney received such notice or acquired actual knowledge of the signing, whichever occurred first, but in no event shall such periods begin more than ninety days after the original judgment or other appealable order was signed. Appellees assert Koch failed to timely perfect its appeal because the cash deposit in lieu of bond was not filed within 20 days of the signing of the First Order. Rule 42 of the Rules of Appellate Procedure sets forth the procedure for appealing an interlocutory order, including the timetables for perfecting such an appeal.
TIMELY LOGIN KIPPLA CODE
Section 51.014 of the Texas Civil Practice and Remedies Code allows appeals from various types of interlocutory orders, including one that "certifies or refuses to certify a class in a suit brought under Rule 42 of the Texas Rules of Civil Procedure." TEX.The requirement that a cost bond or equivalent be timely is jurisdictional. Corpus Christi 1989, no writ) Revier v. The deadline is immutable we cannot extend it. Unless the appeal was perfected within that period, this Court has no jurisdiction to consider the assigned error. 42(a)(3), Koch was required to perfect its appeal with twenty days, or on or before Monday, December 2, 1996. The first order was signed on November 8, 1996.Occidental Chemical Corp., 925 S.W.2d 62, 65 (Tex.App. Dallas 1992, no writ), this Court dismissed the appeal for want of jurisdiction, finding the order certifying the mandatory class only enlarged the size of the existing opt-out class and thus was not an order from which an interlocutory appeal could be taken under section 51.014 of the Texas Civil Practice and Remedies Code.
An interlocutory appeal was filed and, relying on Pierce Mortuary Colleges, Inc.
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