Advance Imports v. Gibson Products Co‪.‬

This suit for debt originated in the justice court. After the justice of the peace rendered judgment for plaintiff by default, the defendant filed an appeal bond with the justice, and a transcript of the proceedings was filed in the county court at law. More than two years later the county court at law dismissed the appeal on the ground that defendant had not paid the filing fee of ten dollars required by TEX. REV. CIV. STAT. ANN. art. 3930(b) (Vernon Supp. 1975) and also on the ground that defendant had not made an appearance "at the next term of court," as required by TEX. R. CIV. P. 571. We hold that the dismissal cannot be justified on either ground, and, consequently, we remand the case to the county court at law for trial.