Archives: Perfecting Appeal

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Getting the Scoop on Calculating Texas Appellate Deadlines

Maitreya Tomlinson
Appellate lawyers share some job-related realities with journalists, namely running up against deadlines. Although attorneys don’t rush to finish stories before a midnight printing, we do have to meet filing deadlines to seek relief from erroneous trial-court or intermediate-appellate court decisions. Knowing those deadlines (and how they are calculated) is paramount to correctly perfecting appeals. … Continue Reading

Interlocutory Appeal After Final Judgment?

D. Todd Smith
Although appeal is generally not available absent a final judgment, Texas law allows parties to bring accelerated interlocutory appeals in several circumstances.  In most cases, the trial is stayed by statute until the interlocutory appeal is resolved,  But sometimes the trial court renders a final judgment before then. What does one do in that situation?  File an amended notice of appeal? No, … Continue Reading

What Is Required to Perfect Appeal?

D. Todd Smith
This is the third installment of my series entitled "20 Questions About Texas Appellate Practice."  The question answered here is:  "What is required to perfect appeal?"  Visit the original post (linked above) for the list of questions updated with links to their respective answers. In Texas, an appeal is perfected by filing a notice of appeal.  Timely filing is jurisdictional, but jurisdiction … Continue Reading

Request Did Not Extend Time for Appealing Summary Judgment

D. Todd Smith
In Finney v. Vanderbilt Mortgage & Finance, Inc. (No. 03-07-00329-CV), the Third Court of Appeals reminds us that a request for findings of fact and conclusions of law does not extend the deadline for filing a notice of appeal from a summary judgment.  Other than for accelerated appeals, such requests push the deadline from 30 … Continue Reading

Denial of Motion to Compel Arbitration Stands

D. Todd Smith
In AXA Financial, Inc. v. Roberts, a consolidated interlocutory appeal and mandamus proceeding previously discussed here, the Third Court of Appeals has turned away efforts to compel arbitration under both the Texas and federal statutes.  The court first held that it lacked jurisdiction over the interlocutory appeal because the notice of appeal was not filed … Continue Reading

Correcting Cause Number Did Not Extend Appeal Deadline

D. Todd Smith
In Charles v. Texas Property & Casualty Insurance Guaranty Association, the Third Court of Appeals has held that the trial court’s signing of an order nunc pro tunc to correct the cause number in a dismissal order did not extend the deadline for filing a notice of appeal.  Accordingly, the appellate court determined that it … Continue Reading

Supreme Court Orders & Opinions 3/9/07

D. Todd Smith
With today’s orders, the Texas Supreme Court has issued per curiam opinions in six cases. In Zipp v. Wuemling, the Court held that an appeal from the district court’s guardianship decision was not rendered moot merely because the ward had died while the appeal was pending.  Because issues remained with respect to who should settle … Continue Reading

No Jurisdiction Over Attempted Appeal From Class Action Orders

D. Todd Smith
In Rainbow Group, Ltd. v. Wagoner, the Third Court of Appeals has dismissed a class action defendant’s interlocutory appeal from an order denying its motion to decertify the class and an order granting the plaintiffs’ motion to amend the certification.  The court of appeals held that it lacked jurisdiction becausethe first order was not subject … Continue Reading