When a defendant fails to file an appeal bond within the required time limit, what happens?

• A. The county court must decide whether it has jurisdiction; if it lacks jurisdiction, it sends the case back to municipal court.
• B. The appeal is automatically dismissed.
• C. The case is assigned to a different judge.
• D. The defendant may file an emergency motion.

Answer: (A)

The situation tests jurisdiction and perfection of an appeal. The appeal bond must be filed within the required time to perfect the appeal and give the county court authority to hear it. If the bond isn’t timely filed, the county court cannot proceed because it may not have jurisdiction over the appeal. The proper step is for the county court to determine whether it has jurisdiction; if it finds that it does not (due to the untimely bond), the case is sent back to the municipal court. This allows the original court to address the judgment or the party to correct the procedural defect, rather than forcing the appellate court to force an appeal that isn’t properly perfected.