Kenneth S. Jones, Petitioner v. City of Houston

Summary

The Texas Supreme Court held that filing an affidavit within the fifteen‑day period after the deadline for a cost bond constitutes an implied motion for extension of time under Rule 41(a)(2) and Verburgt, granting the petitioner’s appeal and remanding for determination of the reasonableness of his explanation; Justice Enoch and Justice Baker dissented, arguing the implied‑filing rule is unsound.