Extension of Time - Filing Bond Beyond the Time Allowed
In Verburgt v. Dorner, 959 S.W.2d 615 (Tex. 1997), the supreme court held that "a motion for extension of time is necessarily implied when an appellant acting in good faith files a bond beyond the time allowed by Rule 41(a)(1), but within the fifteen-day period in which the appellant would be entitled to move to extend the filing deadline under Rule 41(a)(2)." Id. at 617.
Although Verbergt was decided under the former rules of appellate procedure, the exception has been held applicable to the filing of a notice of appeal under the current rules.
Smith v. Houston Power & Lighting Co., 7 S.W.3d 287, 288 (Tex. App.--Houston [1st Dist.] 1999, no pet. h.);
Kidd v. Paxton, 1 S.W.3d 309, 310 (Tex. App.--Amarillo 1999, no pet. h.);
Coronado v. Farming Technology, Inc., 994 S.W.2d 901, 901-02 (Tex. App.--Houston [1st Dist.] 1999, no pet.).