Texas Attorney General Opinion: C-428 Page: 3 of 4
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Hon. Joe Resweber, page 3 (C-428)
" .." As amended by order of April 12,
1962, effective Sept. 1, 1962.
You will note that "theparty desiring to appeal,
. .. shall file with the county clerk a written direction
as to the matters which he deems necessary to a review of
the county court ruling appealed from, to be included in a
transcript. Within five days . . . any other interested party
may so file a written direction to include in the transcript
additional portions of the proceedings. .The county clerk shall
thereupon immediately prepare under his hand and seal of the
court a transcript consisting of a true copy of the proceedings
so desi-nated. . . 2'
The above then becomes the transcript of the proceedings
and is then filed with the district clerk. You will note that
the appellee has the right to have included in the transcript
additional portions of the proceedings.
Rule 333, Texas Rules of Civil Procedure, requires a
bond.
"Except in cases specified in Sec. 29 of the
Texas Probate Code, the party desiring to appeal
shall, within fifteen days from the date of rendi-
tion of such decision, order, decree or judgment
appealed from, file with the county clerk a bond
with two or more good and sufficient sureties, to
be approved by the county clerk, payable to the
county Judge in an amount to be fixed by the
county judge, conditioned that the appealing party
shall prosecute said appeal with effect, and
perform the decision, order, decree or judgment
which the district court shall make thereon in
case the cause shall be decided against him; or
in lieu of a bond, the party desiring to appeal
may deposit with the clerk cash in the amount
so fixed by the county judge, and in that event
the clerk shall file among the papers his
certificate showing that the deposit has been
made, and copy such certificate in the transcript
if one is prepared, and this shall have the force
and effect of an appeal bond." As amended by order
of April 12, 1962, effective Sept. 1, 1962.
It therefore follows that the bond is security for
any costs incurred in preparing a transcript for an appeal
from the probate court to the district court, and the County
Clerk is not authorized to require an additional cost deposit-2018-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: C-428, text, April 30, 1965; (https://texashistory.unt.edu/ark:/67531/metapth268846/m1/3/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.